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Obamacare's Halbig trap
American Thinker ^ | 07/26/2014 | Thomas Lifson

Posted on 07/26/2014 7:36:29 AM PDT by Rusty0604

Kimberly Strassel of The Wall Street Journal has uncovered even more damning evidence that politics took control when the IRS ... started writing regulations to implement the subsidies, following the bill’s passage:

Democrats needed those subsidies. The party had assumed that dangling subsidies before the states would induce them to set up exchanges. When dozens instead refused the IRS assembled a working group—made up of career IRS and Treasury employees—to develop regulations around ObamaCare subsidies... And we know that this working group initially decided to follow the text of the law. An early draft of its rule about subsidies explained that they were for "Exchanges established by the State."

Yet in March 2011, Emily McMahon, the acting assistant secretary for tax policy at the Treasury Department (a political hire), saw a news article that noted a growing legal focus on the meaning of that text...

The office of the IRS chief counsel—one of two positions appointed by the president—drafted a memo telling the group that it should read the text to mean that everyone, in every exchange, got subsidies. At some point between March 10 and March 15, 2011, the reference to "Exchanges established by the State" disappeared from the draft rule.

Emails viewed by congressional investigators nonetheless showed that Treasury and the IRS remained worried they were breaking the law.

Yet rather than engage in a basic legal analysis—a core duty of an agency charged with tax laws—the IRS instead set about obtaining cover for its predetermined political goal.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Health/Medicine
KEYWORDS: halbig; obamacare

1 posted on 07/26/2014 7:36:29 AM PDT by Rusty0604
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To: Rusty0604
Imagine, if you will, an IRS which backdates improper
tax avoidance for Moslem terrorists who kidnap girls and
and behead and rape their parents, yet .... profiles
and relentlessly targets tax-paying Americans
who are white or conservative or non-Moslem.
2 posted on 07/26/2014 7:42:03 AM PDT by Diogenesis (The EXEMPT Congress is complicit in the absence of impeachment)
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To: Diogenesis

Which group & when did the IRS backdate?
Thanks


3 posted on 07/26/2014 7:45:10 AM PDT by Cold Heart
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To: Cold Heart; Diogenesis

I believe the reference to backdating is an overreaction to something routinely done when a 501c3 gets approved. The law allows the approval to be retroactive about 2 years after approval.


4 posted on 07/26/2014 7:52:14 AM PDT by Raycpa
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To: Cold Heart

I believe one of the Ones relatives had his backdated


5 posted on 07/26/2014 7:59:25 AM PDT by goodnesswins (R.I.P. Doherty, Smith, Stevens, Woods)
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To: Raycpa

That’s two years before approval.


6 posted on 07/26/2014 8:00:52 AM PDT by Raycpa
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To: Rusty0604

It will be interesting to see when and if the D.C. circuit decides to review the case en banc. Will they ignore the plain evidence and rule on blatant political grounds. If they do, we will know that Obama has succeeding in creating a political Court that operates as an arm of the Democrat Party. Of course, the 9th Circuit has been that for years, but they are so frequently overturned that they are not taken seriously. With it’s special federal jurisdiction, the D.C. Circuit could do real harm.


7 posted on 07/26/2014 8:04:33 AM PDT by centurion316
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To: Diogenesis
 photo Tea-Party-IRS-Rally-2013_zpsee8ab40d.jpg
8 posted on 07/26/2014 8:34:50 AM PDT by Patton@Bastogne (.)
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To: centurion316
.

Newt Gingrich 2012 Speech – Constitutional Removal of Radical-Liberal Federal Judges

.

9 posted on 07/26/2014 8:37:36 AM PDT by Patton@Bastogne (.)
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To: Cold Heart
New Inconsistencies with Malik Obama’s IRS Paperwork Revealed on Eve of Hearing
the date stamped at the top of the Barack H. Obama Foundation’s 501(c)(3) approval letter
which bears Lerner’s signature, is dated June 26, 2011. That day was on a Sunday.

Lois Lerner approved tax exempt status for foundation
operated by Obama's half-brother on a Sunday

Deleted IRS Emails may be about Obama’s Brother
There is sufficient cause to believe that one of the reasons for
this digital document shredding may have something to do with
President Barack Obama’s brother, Malik Obama,
founder of the Barack H. Obama Foundation (BHOF).

Pictured: Obama’s half-brother wearing Hamas scarf that boasts ‘Jerusalem is ours—WE ARE COMING’

Obama’s Brother Joins Hamas, Wears Scarf Saying ‘Jerusalem Is Ours; We Are Coming’

Barack Obama’s Brother Malik Joins Hamas Terrorist Group

Obama appoints Hamas supporter who called Israelis Nazis to commission on religious freedom

CIA finds 1 in 5 flagged job applicants hail from Hamas, Hezbollah, al Qaeda

Al-Qaeda, Hamas operatives applied for CIA jobs, say new Snowden files

Obama Officials Met with Hamas, Discussed Removing it from Terror List

Summer Camp: Hamas Teaches Children to Kill and Kidnap Israelis

U.S. Muslim Brotherhood/Hamas Support Leader Chosen By Syrian Opposition

How the U.S. Aids Hamas Through the Palestinian Authority

Obama Approves Direct Funding For Hamas

US sends $50M to Gaza

Kerry, Obama, and the WEF’s $4 Billion Bailout Plan for PLO/Hamas

VERY IMPORTANT.. Obama’s Brother Funds Hamas (Proof Below)

Hamas 'happy' with Obama's $900 million pledge [2009 Flashback: Never Forget!!]

U.S. Selling $11B in Weaponry to Gulf State That Supports Hamas, Syrian Jihadists

Why would Hamas negotiate with John Kerry after getting $47 million from him?

Ninth Lesson From the Gaza War: Hamas Will Use Humanitarian Aid for Evil

Will Obama Snatch Defeat from the Jaws of Victory Over Hamas?

Obama to the rescue – of Hamas

The Southern Poverty Law Center Stands Up for Hamas

State Dept: U.S. Supports Palestinian Unity Government (Hamas)

Report: US Holding Backroom Talks with Hamas ‘For Months’

U.S. held secret meeting with Hamas, Terrorist regime still won't recognize Israel's right to exist

Former FBI Agent Says Leading Muslim Group a ‘Hamas Front’ (CAIR)

10 posted on 07/26/2014 9:12:14 AM PDT by Diogenesis (The EXEMPT Congress is complicit in the absence of impeachment)
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To: Patton@Bastogne

I should’ve used that sign when I went to an IRS protest about the targeting of conservative groups.


11 posted on 07/26/2014 9:34:28 AM PDT by yorkiemom ( "...if fascism ever comes to America, it will come in the name of liberalism." - Ronald Reagan)
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To: yorkiemom
.


Well ... it's not copyrighted ... (LOL)


.
12 posted on 07/26/2014 10:09:46 AM PDT by Patton@Bastogne (.)
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To: Diogenesis

Big thanks for the references.


13 posted on 07/26/2014 5:52:41 PM PDT by Cold Heart
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