A Vast New Taxing Power: What will April 15, 2014 look like to you?

What do you think April 15, 2014 look like for many of you out there on ATS. I don't think it's going to look pretty that's for sure.. Get ready to try to hold on to what's in your wallet. Who knows will they be taxing us on in the future? Do you think people will wake up then+

The result is that Chief Justice Roberts has created the only tax in U.S. history that exceeds its own constitutional limits and is meant to execute powers that the Court otherwise ruled were invalid. His discovery erases the limiting principle—apportionment—that constrains the taxing power for everything besides income and excises.

Well, here is a half way logical of what happened to us on Thursday, June 28th, with the SCOTUS ruling on Obamacare,. To be fair I've heard that President Obama did not ask for taxes to be raised on us, how true that statement is I don't know, maybe he just never atticipated this. but yet they were.

I guess we won't realize it until 2014, when the whole thing takes affect. But it certainly would explain the necessity for 16,000 IRS agents.




Wall Street Journal

Referring to Chief Justice John Roberts

His first error is the act of rewriting the plain text of a law, instead of practicing the disinterested interpretation that is the task of the judiciary, regardless of the partisan outcome. The second error is converting the health insurance mandate's penalty into a tax. Ninety years of precedents have honed precise and widely divergent legal meanings for taxes and penalties for violating laws or regulations, and they are not interchangeable.

Even if Democrats had passed the mandate tax as rewritten by the Chief Justice, and they did not, the Supreme Court until Thursday has never held that Congress can call anything it wants a tax. The taxing power like the Commerce Clause is broad, and the courts are generally deferential. But all powers the Constitution enumerates are also limited, and these limits—unique to each power—must be meaningful and enforceable by the legal system.

His error—or more likely, his deliberate sleight-of-hand—is that this modern jurisprudence does not deal with direct taxes but indirect taxes and income taxes. Income taxes were authorized in 1913 by the Sixteenth Amendment, which was necessary to bypass the other important limit on direct taxes, called apportionment.

This is a very good point, when a government manages to force through an agenda giving themselves power beyond those proscribed within law, they then carte blanche use the same reasoning to ever expand the new power.
With the overstep being in Tax law, you can guarantee if they do it once, they will use the newly created loophole to time and again, inveigle their way into your wallet.
This really has opened a can of worms, it will be at least two years before any newly drafted legislation creates the new framework providing public protection against the IRS and government oversteps using this new found ability.
Maybe this is what the real reason is behind the new "Healthcare Tax", interesting thought.

reply to post by The X


If it is behind the Healthcare Tax, it was very devious, I wonder if they really had anything on Roberts to make him side this way.

The "obamacare" tax penalty has no teeth and can't really be enforced.... BY DESIGN

The IRS can't throw you in jail, because the health reform law explicitly states (on Page 336): "In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure."

Nor can the IRS seize your property, because the law states (also on Page 336) that the health and human services secretary may not "file notice of lien with respect to any property of a taxpayer by reason of any failure to pay the penalty … or levy on any such property with respect to such failure."

A representative for the IRS commented as well .. basically they are using the IRS as a means to collect the penalties but at the same time they are putting a muzzle on them to keep them from taking any recourse for failure to pay.. simply using the IRS infrastructure that already exists to ask for payment.

"When someone files their return, the insurance company will send us a little box that is checked, a yes-no question, that says do they have coverage or not. They'll send it to the individual, the individual will attach it to their return, and they'll send it to us. Think [of it] just like a 1099, where you get information reporting about the interest that you have on the bank account. We will run matching programs around that, and if somebody doesn't have coverage they'll either have paid the penalty that they owe or they'll get a letter from us saying that you owe this amount.

I think there's a couple important points that I would make, though, about our role in health reform. One is these are not the kinds of things—check the box whether you're here or not—that we send agents out about. These are things where you get a letter from us. Second is Congress was very careful to make sure that there was nothing too punitive in this bill. … First of all, there's no criminal sanctions for not paying this, and there's no ability to levy a bank account or do seizures, some of the other tools."

Most people I hear complaining about this penalty seems to know nothing about the truth behind it .. they seem to be spewing republican talking points..

Has anyone considered that Roberts has given "We the People" a wakeup call to start voting out incumbents and vote in those who want a smaller, leaner and more honest group of Legislators.