Posted on 01/26/2018 12:39:44 PM PST by markomalley
New York Democratic Gov. Andrew Cuomo announced Friday that a coalition of East Coast states will sue the federal government over the Trump-signed tax overhaul, in the latest bid to undermine the law that Republicans have cheered.
The states -- New York, New Jersey and Connecticut -- appear to be taking aim at a provision that limits residents' state and local tax deduction (SALT) to $10,000. While the law contains sweeping tax rate cuts for businesses and individuals, taxpayers in high-tax states like those in the Northeast are expected to take a hit from the SALT change.
Cuomo called it an "economic missile."
"The elimination of full state and local deductibility is a blatantly partisan and unlawful attack on New York that uses our hardworking families and tax dollars as a piggy bank to pay for tax cuts for corporations and other states, Cuomo said in a statement. This coalition will take the federal government to court to protect our residents from this assault."
(Excerpt) Read more at foxnews.com ...
Cut off all federal funding.
Watch a federal judge uphold him. In fact, I’ll bet he can get an appellate court to agree. And a “narrowly divided” Supreme Court will have the final say.
Most probably they will find a looney activist judge to rule initially in their favor, and then it will be overturned. The law will apply equally to all states... it is just that the biggest spender states won’t be subsidized by the rest of us any longer; a good - and equitable thing.
Fredo Corleone laughs at the intellect challenged Andy Cuomo.
#Idiocyknowsnobounds
“I’m Smaaaaat!”
My thoughts too. However, in today's America does it matter anymore? Judges now write their own laws. They will shop for a favorable judge, then bingo!
Ooooh! This should be popular.
How do they explain to their constituents why they don’t want them to get a tax cut?
I am ok with exempting the east and west coast from any tax cuts for the people as long as the businesses realize the tax cuts. Let them run on that nugget in their next campaigns.
New Jersey is an ‘effing joke in this. The state caps property tax deductions for its residents at $10,000 ... but somehow it’s unconstitutional when the Federal government imposes the EXACT SAME limit?
Cuomo is such an a**.
3 failed $hithole states with $hithole democrat administrations.
Sorry, but you can’t sue over a law. If you want to try to get it declared unconstitutional, you have to go to the supreme court, which will find it 100% constitutional.
Last night here in California, I got a push poll survey.
Pretty sure it was to pitch a bitch over non-deductibility of state and local taxes.
Exactly! Well put. That sums it up in a nutshell.
WTF are these people smoking?? A “LAW” duly passed by “Congress” and signed by the “President” and exactly where does ANY State get off on doing this?
The Judge they bring this nonsense before should immediately find them in contempt and remand every lawyer there for 30 days and a $10,000 fine.
Suing on the basis that full state and local taxes have been fully deductable since the very beginning of the federal income tax more than 100 years ago.
The tax code has changed so many times, in many ways, since the income tax was established. Just because these state and local taxes were always fully deductible, doesn’t mean that the law can’t be changed.
At one time, credit card interest was fully deductible. Then it was phased out.
I’m sure there have been other changes to the tax code others could cite, which resulted in “winners and losers” so to speak.
The point being, how in the heck, can there be a federal lawsuit over the legality of Congress changing the tax law? How in the heck, can Cuomo and company, claim that somehow this is a violation of constitutional rights? That’s what this involves in federal court; that somehow rights are violated by the change in the tax law.
Can they really claim this is a bill of attainder somehow? That would be a stretch, because this law has not singled out New York state or any other place. It places a cap on how much in state and local taxes can be deducted, affecting everyone nationwide, regardless of what state they live in. This new law applies to us all equally, so good luck with some argument about equal protection under the 14th amendment.
It only takes one judge...
No standing.
No harm has occurred.
Remedy is available—lobby Congress to change the law.
Fine/sanction for all involved for a frivolous case and for wasting the time of the court.
Suing on the basis that full state and local taxes have been fully deductible since the very beginning of the federal income tax more than 100 years ago.
*************************************************
Sorry, NOT always fully deductible. The AMT regularly has limited the deductibility of SALT payments. Using TurboTax software I computed my taxes NOT prepaying 2018s property taxes and then ran the software again deducting prepayment of 2018 taxes. My federal tax remained the same (despite having substantially higher SALT) since the AMT amount of taxes is computed without deducting SALT.
This lawsuit is merely a political stunt and will not succeed. MAGA!
Yes, it only takes one kook judge.
But I’m dying to know, exactly what legal argument are they going to make. And will such argument survive the appeals process as it goes up the line in the federal courts.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.