Posted on 08/11/2013 9:35:58 AM PDT by Kaslin
In the just-released Spring 2013 issue of Harvard Health Policy Review, I have an article titled “ObamaCare: The Plot Thickens.”
The article examines the IRS rule that purportedly implements ObamaCare’s tax credits, but actually violates that statute by taxing, borrowing, and spending hundreds of billions of dollars contrary to Congress’ explicit instructions.
The article is a less-technical version of my Health Matrix article (coauthored with Jonathan Adler, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA.”)
Here’s an excerpt:
In broad daylight, the Internal Revenue Service is attempting to tax, borrow, and spend [roughly] $800 billion—contrary to both the express language of the PPACA and congressional intent. Thus in addition to other abuses that have recently come to light, the IRS is attempting to tax millions of employers and individuals without congressional authorization…
In this still-unfolding narrative, the Obama administration’s actions are triply anti-democratic. First, the IRS is violating a direct constraint that popularly elected legislators placed on the executive branch. Second, it is violating that duly enacted statute for the purpose of denying popularly elected state officials the vetoes Congress gave them over certain provisions of the statute. And third, it is violating the statute because administration officials either cannot fathom or will not accept that Congress meant to do what it clearly did.
Obama administration officials continually emphasize that the PPACA is “the law of the land.” That remains to be seen, in more ways than one.
fl
They have been making unlawful decisions about who has to pay what for what, still more lying, delaying legally required implementation for some and requiring it for others, exempting special groups (themselves included) from any of the provisions, and have generally be playing the world's most fantastic and unbelievable game of "Who's the Biggest Liar?" in all the world!
We have a little two-bit, tin-horned, affirmative action puppet in charge of this country and not a damned soul in this country will lift a finger to stop his tyrant ass. What is wrong with you people? Our forefathers would have these interlopers cowering in their DC refuge besieged by angry, armed Americans.
‘Subject to the Jurisdiction’
Are YOU subject to THEIR jurisdiction?
http://www.supremelaw.org/fedzone11/htm/chapter4.htm
http://www.supremelaw.org/fedzone11/index.htm
bump
Never said a word about that I can recall. Far as I’m concerned the whole damn law is illegal top to bottom.
It’s not so much about the 16th amendment as it is ANY statutory law.
You are only subject to their laws because you accept their benefits.
“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”
City of Dallas v Mitchell, 245 S.W. 944
Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction. The burden of proof of jurisdiction lies with the asserter. The court is only to rule on the sufficiency of the proof tendered. See, McNutt v. General Motors Acceptance Corp., 298 U.S. 178 (1936). The origins of this doctrine of law may be found in MAXFIELD v. LEVY, 4 U.S. 330 (1797), 4 U.S. 330 (Dall.) 2 Dall. 381 2 U.S. 381 1 L.Ed. 424
There are always fights about “standing”, but I think this would be a much easier thing to handle.
All we need to do is find ONE person who claims the tax credit, and then file a report with the IRS as a “whistleblower”. People who turn in known tax cheats to the IRS get money. If the IRS refuses to pay up the 10% finder’s fee, you would have standing to sue because you would suffer harm.
Anybody who can get access to the list of people claiming tax credits or subsidies in federal exchanges can be a whistleblower, so we could have thousands of people suing to collect.
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