Replies

I don’t wish to break the bad news to you but, in TAX COURT THERE IS NO PRESUMPTION OF INNOCENCE, YOU ARE DEEMED GUILTY UNTIL PROVEN OTHERWISE.
ASK ANY LAWYER OR ACCOUNTANT.

This is already “Established Law” and SET IN STONE by Numerous Supreme Court Decisions, as well as Congress and the Executive Branch.

YOU Seize Half as withholding tax and issue them a W2. They can file their TAXES just like Every One Else. If it is Legit, then no worries, but we know most is NOT.

That is and has been OUR SYSTEM for a long long time.

You are confusing the difference between two different things -- a lawfully imposed tax, and a complete bar/seizure.

A tax can be collected without a "presumption of innocence", but it does require Congressional action. Also, Trump today said he was going to bar remittances, not tax them. Big difference.

The barring on remittances was something Trump's memo said would apply to those who couldn't prove legal residence. But as virtually every employer knows, getting bogus documentation is easy, as is simply giving the money to a lawful resident surrogate.

It sounds like a great idea, but it wouldn't work. The solutions that really would work require Congress, and the best of those is the imposition of a tax on remittances.

Of course not, the Tax Court essentially follows civil procedures. An administrative decision that there's been a violation or you're deficient monetarily has already been made when a case arrives. That doesn't mean a case can be brought with no factual basis. You're contending remittances can be taxed without Congressional action because you deem them to be "illegally" earned wages, whatever that is. Sorry, they all aren't, you'll have to prove that. And if you can prove a remittance is derived from "illegal" employment, so what. The worker has zero obligation to collect and pay withholding is the employers, not the employees. That has been our system for a long time, not what you propose. In the unlikely event you could make the wage-remittance connection you might be able to pursue a non filing charge, if the employee was required to file.

IMO best solution if you actually have facts, deport the illegal and fine (or imprison) the employer. Those are laws on the books, easily though not frequently enforced. Never enforced, the false W2 filing, for employee and employer