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Posted on 06/24/2014 6:37:09 AM PDT by Enterprise
The U.S. Supreme Court on Thursday ruled unanimously that taxpayers have a right to challenge an Internal Revenue Service summons enforcement action in court when they can show the tax agency might have issued the summons in bad faith.
The tax-collecting IRS argued taxpayers already have opportunities to challenge a summons, but the nine justices ruled in favor of a Florida man who demanded an evidentiary hearing about the motives of IRS officials for issuing a summons.
(Excerpt) Read more at oann.com ...
The tax-collecting IRS argued taxpayers already have opportunities to challenge a summons, but the nine justices ruled in favor of a Florida man who demanded an evidentiary hearing about the motives of IRS officials for issuing a summons.
Michael Clarke of West Palm Beach said the IRS issued a summons as retribution against him and his business partners for resisting an audit.
In a nine-page opinion written by Justice Elena Kagan, the Supreme Court said: “A taxpayer has a right to conduct an examination of IRS officials regarding their reasons for issuing a summons when he points to specific facts or circumstances plausibly raising an inference of bad faith.”
The case is United States v Clarke et al, U.S. Supreme Court, No. 13-301
Actually, I think a citizen should be automatically offered the option of trial by combat with any person in the IRS that spews forth any edict, ruling, demand, or forcing action upon a taxpayer.
The choice of weapons being the option of the aggrieved taxpayer. And no substitutions of offending IRS persons allowed.
And of course now the IRS will efface themselves and be more considerate of the taxpayer.
The hiring policies of the IRS would change dramatically.
The IRS will ignore this ruling. They are above the law.
"We like you. We really really like you."
Just abolish it and the life sucking income tax.
If the Left is worried about monopoly power then they need to encourage competition, not tax it.
The income tax is nothing but a racket for the Reserve Bank and its owners to collateralize their gambling operation with the earnings of Americans.
Now all you have to do is say your hard drive was damaged.
I am hopeful that this will give conservatives groups a little more ability to stave off unfair audits and other "enforcement actions."
The ultimate solution is to abolish the IRS.
I’m stunned - - - !
And fewer IRS lawyers would participate in writing those summons.
Most people don’t know that a US Citizen cannot be compelled to come before the IRS. As long as you send your accountant or tax attorney in your stead you never have to go before the IRS.
Most people don’t have a Tax Attorney, and can’t afford one.
A 9-0 decision is unusual. The devil may be in the details. The decision may need to be read to be sure.
BTTT!
Not as unusual as you might think. They don't tend to get press, though as they tend to be hyper technical or relatively uncontroversial. Also, they tend to be issues much earlier in the court's calendar.
The devil may be in the details. The decision may need to be read to be sure.
Always a good idea. The supreme court is one of America's most dangerous institutions. It pays to follow their actions closely.
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