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U.S. Supreme Court gives taxpayers more power to fight IRS summons (9-0)
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| June 19, 2014
| Patrick Temple - Reporting
Posted on 06/24/2014 6:37:09 AM PDT by Enterprise
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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.
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
To: Enterprise
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.
2
posted on
06/24/2014 6:41:00 AM PDT
by
Gaffer
To: Enterprise
And of course now the IRS will efface themselves and be more considerate of the taxpayer.
3
posted on
06/24/2014 6:42:18 AM PDT
by
lurk
To: Gaffer
"The choice of weapons being the option of the aggrieved taxpayer. And no substitutions of offending IRS persons allowed." The hiring policies of the IRS would change dramatically.
4
posted on
06/24/2014 6:43:05 AM PDT
by
Enterprise
("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
To: Enterprise
The IRS will ignore this ruling. They are above the law.
5
posted on
06/24/2014 6:43:35 AM PDT
by
P-Marlowe
(There can be no Victory without a fight and no battle without wounds)
To: lurk
I expect a new PSA from the IRS.
"We like you. We really really like you."
6
posted on
06/24/2014 6:44:22 AM PDT
by
Enterprise
("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
Comment #7 Removed by Moderator
To: Enterprise
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.
8
posted on
06/24/2014 6:51:11 AM PDT
by
Regulator
To: Enterprise
Now all you have to do is say your hard drive was damaged.
To: Enterprise
9 - 0 !....................
10
posted on
06/24/2014 6:59:37 AM PDT
by
Red Badger
(I've posted a total of 2,735 threads and 84,728 replies, as of 06-20-2014)
To: P-Marlowe
I'm sure the IRS doesn't like this ruling, but they can't ignore it. If a taxpayer wants to challenge an "enforcement action" or a summons because it appears to be "retaliatory," the option of the IRS is to not show up in court.
I am hopeful that this will give conservatives groups a little more ability to stave off unfair audits and other "enforcement actions."
11
posted on
06/24/2014 7:01:37 AM PDT
by
Enterprise
("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
To: Regulator; El Zoro
The ultimate solution is to abolish the IRS.
12
posted on
06/24/2014 7:05:02 AM PDT
by
Enterprise
("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
To: Enterprise; BuckeyeTexan
13
posted on
06/24/2014 7:18:20 AM PDT
by
Graewoulf
(Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
To: Enterprise
And fewer IRS lawyers would participate in writing those summons.
14
posted on
06/24/2014 7:55:53 AM PDT
by
Pecos
(The Chicago Way: Kill the Constitution, one step at a time.)
To: Pecos
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.
15
posted on
06/24/2014 8:33:32 AM PDT
by
Georgia Girl 2
(The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
To: Georgia Girl 2
Most people don’t have a Tax Attorney, and can’t afford one.
16
posted on
06/24/2014 8:53:22 AM PDT
by
cookcounty
(IRS = Internal Revenge Service.)
To: Graewoulf
A 9-0 decision is unusual. The devil may be in the details. The decision may need to be read to be sure.
17
posted on
06/24/2014 9:41:14 AM PDT
by
SgtHooper
(This is not my tag!)
To: Enterprise
18
posted on
06/24/2014 9:42:53 AM PDT
by
Salvation
("With God all things are possible." Matthew 19:26)
To: SgtHooper
A 9-0 decision is unusual.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.
19
posted on
06/24/2014 11:35:59 AM PDT
by
zeugma
(It is time for us to start playing cowboys and muslims for real now.)
To: Graewoulf; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list
20
posted on
06/24/2014 2:45:57 PM PDT
by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
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