Federal Court Ignores Constitution; Gives More Power to IRS - Page 1 - Daniel J. Mitchell - Townhall Finance

Federal Court Ignores Constitution; Gives More Power to IRS - Page 1 - Daniel J. Mitchell - Townhall Finance

Federal Court Ignores Constitution; Gives More Power to IRS
Daniel J. Mitchell


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The tax code is punitive and corrupt, but the economic damage caused by a bad revenue system is just part of the problem.

Thanks to a punitive “worldwide” approach to taxation, we have needless conflicts with other nations, leading the United States to side with high-tax governments and persecute low-tax nations.

But the impact on civil liberties and constitutional rights may be how the internal revenue code does the greatest damage to America.

In part, this involves the loss of basic rights. Our Constitution, for instances, guarantees the presumption of innocence. But that fundamental freedom has been thrown out the window to help the IRS enforce a bad tax system. If the IRS decides you’ve done something wrong or not coughed up enough cash, you are guilty until you prove yourself innocent.

Now there’s a new – and very disturbing – development. A reckless federal judge has decided to let the IRS go on a fishing expedition of California real estate records because it is theoretically possible that some people haven’t reported information on their tax returns. Here are some details from a report at Forbes.


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Daniel J. Mitchell
Daniel J. Mitchell is a top expert on tax reform and supply-side tax policy at the Cato Institute.
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Lav66 Wrote: 58 minutes ago (12:50 PM)
Not only should there be term limits on all politicians but also on justices of the court, the idea of lifetime appointments allows for too much corruption. Activist judges comes to mind. I agree that I am just a simpleton but I don't understand how judges can get away with judicial activism when justice is suppose to be blind and firmly rooted in the constitution.
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Sugarbare Wrote: 2 hours ago (11:28 AM)
So, all I need to pay less tax is to earn less money. I can do that and not upset my standard of living at all. I can get my income so low, the government will say I'm below the poverty level. I may be able to collect food stamps. That's the problem with percentage taxes. And why should Bill Gates pay more tax than you? Because he's smarter than you and needs to be punished? Tell you what, to make it FAIR, let's all pay $5,000 each and remove the percentage of income from the formula entirely. This way, even the 145 million who don't pay anything at all will pay something, including me. And we can end this special interest group known as the poor.
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LonPenn Wrote: 2 hour ago (11:48 AM)
You apparently have a very modest standard of living. Personally I could not decrease my salary to the point that I would get food stamps without seriously crimping my standard of living.
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BillCofIN Wrote: 1 hour ago (12:28 PM)
I am a retired Vietnam veteran aged 67, with my Social Security stipend and my VA disability at 30%. My income is a survival payment, I am never going to be financially "comfortable" as the truly wealthy term it. But I can live and feed my family. My house has $5000 owed at $100 per month. Not quite debt free but close enough for government work.
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Adrian Wrote: 2 hours ago (11:00 AM)
There are only two kinds of people that take money from you at gunpoint: Robbers and tax men. Both are utterly corrupt. It is just that simple.

The Two Minute Conservative at http://adrianvance.blogspot.com for political analysis, science and humor. Daily on Kindle.
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Drik Wrote: 1 hour ago (12:27 PM)
The robber doesn't try to pretend that he is helping you or that you should be ok with it. This makes the robber less corrupt.
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LonPenn Wrote: 1 hour ago (12:27 PM)
But then the robber doesn't build the roads you travel on provide defense for the country you live in, etc.

We would be better off without the robber. One only has to look at a place like Somalia to see why we would not be better off without the government.
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LonPenn Wrote: 3 hours ago (10:29 AM)
It is funny. Mitchell points to the Forbes article as evidence of how extreme the ruling is. If one actually reads the article one finds that the lawyers arguing the other side simply argued that the IRS should get the information from the counties rather than the State. This are basic government records collected, as it happens, in response to a right wing initiative from the 70's. It is hard to imagine a less invasive request.

But Mitchell knows that all he has to do is to write in an alarmed manner to get his readership into a panic.
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Pamela Wrote: 1 hour ago (11:57 AM)
Troll spewing from its nether portions where its single brain cell is located.
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Sugarbare Wrote: 1 hour ago (12:05 PM)
The IRS would have to send a crew into each county records archive and audit each transaction to get the information they want. The costs would be enormous. Easier to go to each State tax collector and collect it that way. Ah yes, the protection of the State from those jack-booted goons who regard us citizens as subjects. Furthermore, if I would want to do something like this, I would create a daisy-chain of transactions that keep them busy for weeks. Selling the farm to the kids for a dirt cheap price has been going for centuries. Why now are they so interested in it? Because the Federal Government is so corrupt at handling our money, they need more. We have a problem.
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JOE1CR Wrote: 4 hours ago (9:35 AM)
Newt has an answer for these federal judges. "Very simply, impeachment is the recourse when judges attempted to disregard public interests, to affront the will of the people, or to introduce arbitrary power by seizing the role of policy-maker."
The United States Supreme Court has clearly, and repeatedly, held that any judge who acts without jurisdiction is engaged in an act of treason. The Congress has the ultimate governmental authority and responsibility to stop judicial abuses of power. Sometimes we need to turn up the heat for them to see the light.
Hamilton also said, in Federalist 78, pg. *314:
“Every act of a delegated authority that is contrary to its commission is void.”
When Congress oversteps its authority, or fails in its...
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JOE1CR Wrote: 4 hours ago (9:35 AM)
When Congress oversteps its authority, or fails in its responsibilities, it is up to the people to correct the error by replacing those responsible.
If the Courts or the President are guilty of exceeding their authority it is up to the Congress to place a check on their unconstitutional activity by a number of options including the following:
•Not funding the issue
•Setting an exception for the courts, and/or ignoring a ruling**
•Closing or reducing the size of a particular district court thereby removing the offending judge or judges**
•Impeachment and removal from office
If we have representatives who fail to exercise their control over usurpation of unconstitutional powers perpetrated by the other two branches of government - powers...
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JOE1CR Wrote: 4 hours ago (9:36 AM)
perpetrated by the other two branches of government - powers delegated to Congress - “We the People” should educate them, and if that fails - replace these legislators.
Sadly Congress is allowing the separation of powers, and checks and balances to fade into oblivion, and the judges in some cases are acting, “with all the violence of an oppressor," and are setting public policy.

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Dan Wrote: 4 hours ago (8:48 AM)
A federal district court judge has given the Internal Revenue Service permission to serve a “John Doe” summons on the California State Board of Equalization demanding the names of residents who transferred property to their children or grandchildren for little or no money, from 2005 to 2010.

This is the progressive nanny state in practice, isn't it? Who wants this form of government?

Ok! That's done! Next on the Agenda: What the hell is the California State Board of Equalization and why is that necessary?
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Norma Wrote: 5 hours ago (8:12 AM)
The IRS allows Congress, the Cabinet and other high ranking federal employees to not pay their taxes. Demand that all Federal Office Holders pay up their taxes. Maybe we could almost balance the budget if they paid up. I was once told by a Member of Congress that as long as you are holding office, you are safe from paying your taxes to the IRS.
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Dan Wrote: 4 hours ago (8:50 AM)
Please, Norma, don't call for that reform! I haven't paid my taxes in years in hopes of being named Secretary of the Treasury... Don't go ruining my hopes for change!
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Lonnie Wrote: 5 hours ago (8:11 AM)
Once upon a time I was assessed a payment and interest almost twice the so called shortfall. It took three visits to IRS offices moving up the chain of command showing the same information/verification of bills paid to negate the $1200 erroneous charge. First three agents just bumped me up the chain to an office in a larger city, where three more agents started all conversations with "would you just write me a check now?" FINALLY the top guy at the larger office wanted to know why I had interviewed with so many agents as my documentation was sufficient to show accurate payment. wtf? NOBODY at IRS EVER wants to dismiss any additional charges and pass the bucks (yours) is the rule for all seasons.
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Frank Wrote: 4 hours ago (9:32 AM)
Ya, my father-in-law purchased a building for a business and began depreciating it based on the purchase price. IRS sent him a letter that he had to depreciate it based on their assessment of value. He told them, so sue me. He never heard from them again. These are the people who were bullys in school.
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BillCofIN Wrote: 1 hour ago (12:41 PM)
And also the reason why the second amendment was and is so important. Just fer grins and giggles, look for the book entitled "Unintended Consequences". Most lame stream outlets will not have it stock or admit that it could be ordered. The BATFE is terrified of its existence.
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M Wrote: 5 hours ago (7:51 AM)
The day it becomes more cost effective for me to blow up IRS buildings, and destroy their computer records than it is for me to prove innocence to one of their charges is the day that will make world headlines.

There are no innocents working at the IRS. All of them are the stooges of a corrupt beaurocracy. But don't hold them to complete blame. You have to remember that it is CONGRESS that sets the tax laws.
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Frank Wrote: 4 hours ago (9:31 AM)
Bingo
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Pamela Wrote: 1 hour ago (11:58 AM)
1
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Thomas Wrote: 7 hours ago (6:10 AM)
As that rogue judges ruling is a clear violation of our laws, why not simply ignore the ruling?
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Dan Wrote: 4 hours ago (8:52 AM)
That's a slippery slope, Thomas. Another court has to rule that the judge overstepped his/her bounds or there would be anarchy.
How about go through the process and then impeach the judge.
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Frank Wrote: 4 hours ago (9:30 AM)
How about We The People exercise our Constitutional right to self defense?
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