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Carney: It's a penalty, not a tax
upi.com ^ | 6/30/12 | UPI

Posted on 06/30/2012 11:32:11 AM PDT by ColdOne

"It's a penalty because you have a choice," Carney said. "You don't have a choice to pay your taxes, right? You have a choice to buy -- if you can afford health insurance. … So if you don't buy it, and you can afford it, it is an irresponsible thing to do to ask the rest of America's taxpayers to pay for your care when you go to the emergency room. So your choice is to purchase healthcare reform or a penalty will be administered."

(Excerpt) Read more at upi.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: abortion; deathpanels; obamacare; zerocare
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To: Meet the New Boss
It’s not written as a tax.
Then explain what I've got posted in reply 59.

How can it not be a tax when it says right there in the text that it's an excise tax?

61 posted on 06/30/2012 12:49:43 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: samtheman

I don’t believe the “Evil Genius” stuff for Roberts any more than I believe the “Magnificent Bustard” crap about Rove. The ruling was idiocy. One would be hard pressed to find a dissent by the losing FOUR, that pretty much states “The WHOLE law was Constitutional BULLSHIT and no further discussion is needed.”

Roberts F@cked up and betrayed this country - there are no “ifs”, “ands” or “buts” about it. It was a travesty against freedom.


62 posted on 06/30/2012 12:55:18 PM PDT by Gaffer (NOVEMBER !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)
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To: ColdOne


63 posted on 06/30/2012 12:55:36 PM PDT by Iron Munro (John Adams: 'Two ways to enslave a country. One is by the sword, the other is by debt')
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To: Amagi

Sort of like light being a wave or a particle, depending on how you look at it.

I was never very good at understanding that one either.


64 posted on 06/30/2012 12:58:26 PM PDT by firebrand
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To: ColdOne

"It's a penalty because you have a choice"


65 posted on 06/30/2012 12:59:39 PM PDT by QT3.14
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To: philman_36

You are citing the wrong part of the Act.

The individual mandate everyone is arguing about and which Roberts ruled is a tax is in §5000A.

You cited what people call the “cadillac” tax in §49801, which is not the individual mandate but a different provision entirely.


66 posted on 06/30/2012 12:59:49 PM PDT by Meet the New Boss
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To: philman_36

But don’t feel bad, Congress didn’t understand the Act and they actually voted on it!


67 posted on 06/30/2012 1:03:43 PM PDT by Meet the New Boss
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To: Meet the New Boss

Sorry, no. No bill that imposed any tax originated in the House that subsequently became ObamaCare. The Senate adding such a tax later does not satisfy the Constitutional requirement, unless the funds collected by the tax are allocated by the law to a particular purpose or program. Such is not the case with respect to the mandate penalty, because Congress didn’t think it was a tax.


68 posted on 06/30/2012 1:03:43 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: sourcery
No bill that imposed any tax originated in the House that subsequently became ObamaCare.

You are just wrong about this.

The bill the Senate passed started life as H.R. 3590 and was first introduced in the House.

That bill was then amended to insert ObamaCare.

You may not like the way that was done, but them's the facts.

69 posted on 06/30/2012 1:07:09 PM PDT by Meet the New Boss
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To: ColdOne

Call it what you will.

At its heart it is just another money pump for wealth redistribution to Obama’s favored supporters and professional victim groups.

The same people who are now sucking a free ride off Uncle Sam’s teat will still be sucking a free ride when the penalty/tax kicks in.


70 posted on 06/30/2012 1:08:10 PM PDT by Iron Munro (John Adams: 'Two ways to enslave a country. One is by the sword, the other is by debt')
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To: Meet the New Boss

The bill as passed by the House had no tax. End of discussion. Cite the case law the proves otherwise.


71 posted on 06/30/2012 1:09:06 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: sourcery
1) Congress didn’t think it was enacting either a tax OR a tax credit. They didn’t frame it or structure it that way. That’s why they didn’t ensure that the bill originated in the House, as the Constitution requires of any bill that raises revenue. That issue will almost certainly be litigated, now. No one bothered before, because no one thought it was a tax.

ObamaCare was a bill originally passed by the House. It was called "Service Members Home Ownership Tax Act" and was subsequently amended by the Senate to replace that text with the text of ObamaCare. The Dems knew exactly what they were doing and got away with it.

Bill History

72 posted on 06/30/2012 1:09:15 PM PDT by newzjunkey
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To: sourcery

“The bill as passed by the House had no tax. End of discussion. Cite the case law the proves otherwise.”

End of discussion? What a joke.

The House bill dealt directly with amending the Internal Revenue Code. There was even a section “raising revenue” by increasing certain fees under the code.

Look if you are going to be so categorical and insistent about something how about at least do your homework.


73 posted on 06/30/2012 1:17:33 PM PDT by Meet the New Boss
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To: ColdOne
Dingy Harry sure thinks it's a voluntary tax system, Jake.
74 posted on 06/30/2012 1:18:19 PM PDT by caper gal 1
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To: Gaffer

It started in the house... The senate used a bill passed by the house. They stripped the original text of the house bill out and stuffed in Obamacare.


75 posted on 06/30/2012 1:20:19 PM PDT by cableguymn
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To: Meet the New Boss

bad analogy..

yes.. You can speed and get a ticket.

You can also chose not to drive and thus not get a ticket. Nor be forced to by insurance for a car you do not own.

You can not live with out being affected by this tax/fee/fine/penalty.


76 posted on 06/30/2012 1:23:36 PM PDT by cableguymn
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To: ColdOne
Dingy Harry sure thinks it's a voluntary tax system, Jake.

Youtube vid here.

77 posted on 06/30/2012 1:24:00 PM PDT by caper gal 1
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To: ColdOne

It is a TAX...I could call it an orange tree...but it is STILL a TAX...


78 posted on 06/30/2012 1:26:45 PM PDT by ExCTCitizen (If we stay home in November '12, don't blame 0 for tearing up the CONSTITUTION!!)
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To: Meet the New Boss
The individual mandate everyone is arguing about and which Roberts ruled is a tax is in §5000A.
Thanks for the correction.

Carney is right. It’s not written as a tax.

So now that the Court has ruled it is a tax, even if it wasn't written as a tax, as you claim, isn't Carney actually disagreeing with the Court's decision instead of agreeing and supporting it?
For the Act to have been Constitutional doesn't it have to be considered a tax even though the word "penalty" is used instead of "tax"? Isn't that what the Court said?

Wasn't the use of 'penalty' really nothing more than 'word play' by those who wrote the bill so that it wouldn't be seen as the tax it really is?

And if it isn't a tax then why is the IRS in charge of collecting this "penalty"? Aren't they the revenue service of the government? Wouldn't such action be outside of their scope of operation?

79 posted on 06/30/2012 1:30:39 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: ColdOne

It’s tyranny.


80 posted on 06/30/2012 1:34:18 PM PDT by Caipirabob (I say we take off and Newt the site from orbit. It's the only way to be sure...)
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