[philman_36]

And once again I go to the decision...
@National Federation of Independent Business v. SebeliusThe Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.

According to this decision the penalty itself is a tax as well.
Disagree all you want, it's right there in black and white.

[philman_36]

This is a real "Damned if you do and damned if you don't" moment.

It's now a "Taxed if you do and taxed if you don't" moment.