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Supreme Court Will Decide If The Government Can Tax Income You Haven’t Received Yet
Daily Caller ^ | 6/26/23 | Katelynn Richardson

Posted on 06/26/2023 12:50:02 PM PDT by CFW

The Supreme Court announced Monday it would take up a case considering whether Congress can tax income before it is received.

The case, Charles G. Moore et ux. v. United States, stems from a Washington state couple’s 2019 lawsuit against the government for a nearly $15,000 tax bill imposed on their small investment in an overseas company, from which they never earned a profit. It considers whether taxes on unrealized gains are legal under the 16th Amendment, which enables Congress to tax incomes “without apportionment among the several States.”

Hank Adler, Burra Executive Professor of Accounting at Chapman University, previously told the Daily Caller News Foundation the Moores’ case is “the most important tax case in almost 100 years.”

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


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism; Extended News; Government
KEYWORDS: 16thamendment; government; readmylips; scotus; sixteenthamendment; taxes; theft; unrealizedincome; weaponizedirs
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To: blackdog

yep


41 posted on 06/26/2023 1:49:25 PM PDT by ealgeone
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To: lakecumberlandvet; Man50D; Principled; EternalVigilance; phil_will1; kevkrom; Bigun; PeteB570; ...

FAIRtax, anyone?

Help us replace the Marxist inspired “progressive” income tax with the FAIRtax and abolish the IRS.

We’ll make April 15th into just another nice Spring day!

Read all about the FAIRtax at https://www.fairtax.org and https://www.bigsolution.org.

We will never be a FRee people so long as we have an income tax and an IRS!


42 posted on 06/26/2023 1:49:29 PM PDT by Taxman (SAVE AMERICA! VOTE REPUBLICAN IN 2023 AND 2024!)
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To: Mariner

Do we also get an unrealized loss deduction?


43 posted on 06/26/2023 1:51:27 PM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: NohSpinZone

After Enron, it seems the USG wants to try and impose Mark to Market on the taxpayer.


44 posted on 06/26/2023 1:52:57 PM PDT by RinaseaofDs
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To: Gen.Blather

“Do I still owe taxes on a profit I never saw?”

That happens all the time when stock options are granted to employees and then lose value.


45 posted on 06/26/2023 1:56:36 PM PDT by steve86 (Numquam accusatus, numquam ad curiam ibit, numquam ad carcerem™)
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To: 1Old Pro

I’m sure they’ll have to. When you’re taxed on the imputed assumed gain, it’d have to adjust your basis. Then when you sell later for less than you paid, you have a loss not just from the original amount, but from the highest basis. In fact, mark to market should work both ways. If the value even goes down in value, you should be able to book a loss then even if you don’t sell. Same principle they’re going with.

This is a bad idea all around. It’s going to make federal tax receipts more volatile, create lots more compliance effort, and create huge whipsaws in your paper income, and remove a big tool for tax planning. Stupid, stupid, stupid. Oh yeah, it’s the feral goobermint, never mind.


46 posted on 06/26/2023 1:59:42 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: RinaseaofDs

And it worked so good that time!


47 posted on 06/26/2023 2:00:10 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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Roberts likes taxes — everything is merely a tax


48 posted on 06/26/2023 2:03:12 PM PDT by Gene Eric (Don't be a statist!)
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To: Paladin2

Exactly. That’s a pet peeve of mine. You make 10% but inflation is also 10%, so basically you just held your ground, but the IRS (and the tax code) somehow concludes you own them taxes on no net get in purchasing power. They index the brackets, they should index capital gains.


49 posted on 06/26/2023 2:04:39 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: 1Old Pro

Exactly. Offset capital gains taxes while eliminating capital loss write offs.


50 posted on 06/26/2023 2:05:20 PM PDT by huckfillary
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To: abb
Work all day, get money which you spend on food and a house. But, the government prints an unlimited amount of 'money'.

Modern-day Slavery

51 posted on 06/26/2023 2:09:17 PM PDT by C210N (Everything will be okay in the end. If it’s not okay, it’s not the end.)
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To: CFW

This is the logical progression of theft by government. The democrats want us poor and controlled, otherwise dead.


52 posted on 06/26/2023 2:13:34 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: CFW

Using this kind of lop-sided logic, shouldn’t everyone who ever bought a lottery ticket, be forced to pay on the winnings of the lottery; whether or not they won the lotter?

Because, to the IRS, the Lottery, just like any investment, has the POTENTIAL of realizing a profit.

You cannot fix stupidity, but you can bludgeon it into submission, whether you stop bludgeoning is your call.


53 posted on 06/26/2023 2:13:44 PM PDT by Hodar (A man can fail many times, but he isn't a failure until he begins to blame somebody else.- Burroughs)
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To: T.B. Yoits

How did the founding fathers ban income tax? They certainly were reluctant to tax and were careful what tax revenue was spent on, but I cannot find anything specifically referencing an income tax. Please, share how you came to this conclusion.

And just because I ask for a source doesn’t mean I am pro any kind of tax least of all income tax.

I would argue, tangentially, that the 13th and 14th amendments prohibit this unrealized profit tax as it essentially makes us slaves to the federal government.


54 posted on 06/26/2023 2:22:34 PM PDT by rey
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To: Paladin2

SCOTUS is unqualified?

Sorry, but SCOTUS is very qualified to rule on the Constitutionality of cases which challenge the Constitutionality of specific tax laws.


55 posted on 06/26/2023 2:26:35 PM PDT by JustTheTruth
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To: rey

There is a reason they needed a constitutional amendment to impose an income tax. Article I, section 9 said in part, “No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.”


56 posted on 06/26/2023 2:31:14 PM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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To: CFW

If they win the case and thus the govt can’t tax unrealized gains, can that be used as precedent to outlaw property taxes, since those are based on unrealized gains?


57 posted on 06/26/2023 2:45:29 PM PDT by WildHighlander57 ((the more you tighten your grip, the more star systems will slip through your fingers.) )
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To: Mariner

Anyone paying property taxes are taxed on unrealized gains, since they are still living in the house that is being taxed.


58 posted on 06/26/2023 2:47:11 PM PDT by WildHighlander57 ((the more you tighten your grip, the more star systems will slip through your fingers.) )
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To: Taxman

Flat tax for me.

Somebody else (not me) will be deciding what’s “fair”. Flat.


59 posted on 06/26/2023 2:47:57 PM PDT by MayflowerMadam
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To: NohSpinZone

and of course all the markets will crash as every one exits.

NYSE $0.00 NASDAQ $0.00
Record lows as the markets close for good. Dollar worthless and the US adopts the Yuan.


60 posted on 06/26/2023 2:49:53 PM PDT by PIF (They came for me and mine ... now its your turn)
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