SEC. 36B (a) In General.--In the case of an applicable taxpayer, there shall be allowed
as a credit against the tax imposed by this subtitle for any taxable year
an amount equal to the premium assistance credit amount of the taxpayer for
the taxable year.
(b) Premium Assistance Credit Amount.--For purposes of this section--
(1) In general.-- <> The term `premium assistance
credit amount' means, with respect to any taxable year, the sum
of the premium assistance amounts determined under paragraph (2)
with respect to all coverage months of the taxpayer occurring
during the taxable year.
(2) Premium assistance amount.--The premium assistance amount determined
under this subsection with respect to any coverage month is the amount
equal to the lesser of--
``(A) the monthly premiums for such month for 1 or more
qualified health plans offered in the individual
market within a State which cover the taxpayer, the
taxpayer's spouse, or any dependent (as defined in
section 152) of the taxpayer and which were enrolled in
through an Exchange established by the State under 1311
of the Patient Protection and Affordable Care Act, or
``(B) the excess (if any) of--
``(i) the adjusted monthly premium for such
month for the applicable second lowest cost silver
plan with respect to the taxpayer, over
``(ii) an amount equal to 1/12 of the product
of the applicable percentage and the taxpayer's
household income for the taxable year.
How to you suppose that the premium assistance credit amount of the taxpayer is the lesser of their premium under (A) [explicitly specified as a state exchange under 1311], or (B) [which you claim includes federal plans]? Is the taxpayer in both a state and federal exchange and whichever is the lesser premium applies?
Since 36B(b)(2)(A) specifically refers to Exchanges established by the State under 1311 then 36B(b)(2)(B) must necessarily also refer to Exchanges established by the State under 1311, otherwise 36B(b)(2) is meaningless.
You're just saying it is meaningless because you haven't got an argument. IT'S NOT CLEAR! That much is obvious. And if it is not clear, the lawsuit won't have any chance to survive in court. Like I said before it is DOA.
Lawyers find myriad ways to milk money from clients and I suspect this is just one more. As I said this is a minor skirmish that will go nowhere but cause distraction and create false expectations.