Liberty Planet Weblog

IRS has no legal basis to collect Affordable Care Act tax – It’s all an act!

Posted on: July 19, 2012

(NaturalNews) Many Americans right now are reeling in disgust over the Supreme Court’s recent decision to uphold the constitutionality of the Affordable Care Act. But according to a recent report by My Way News, the Internal Revenue Service (IRS), which will allegedly be tasked with enforcing the new health insurance mandate in the form of a “tax” for non-compliance, does not actually have the authority or legal standing to collect penalties from individuals who choose to “opt-out” of the mandate.

As many NaturalNews readers already know, most Americans will be required under the Affordable Care Act to purchase health insurance, as well as show proof, beginning in 2014, that they purchased health insurance in accordance with the mandate. Those who decide not to purchase health insurance will be charged a penalty, also known as a “tax” according to Chief Justice John Roberts (http://www.naturalnews.com), which is to be collected by the IRS.

But apparently the IRS does not have the legal authority to force anyone to pay this tax, regardless of whether or not they choose to purchase health insurance. According to the law, the IRS will not be permitted to freeze the bank accounts of taxpayers who choose not to purchase health insurance, nor will the agency be allowed to garnish wages. The IRS also does not have the authority to levy interest charges on those who choose not to pay the penalties.

The only thing the IRS is permitted to do under the new law is withhold tax refunds from those that are due them, and that do not purchase health insurance. Since the majority of tax filers every year are owed refunds, the IRS hopes the threat of not receiving one will be enough to convince the American public to comply with the federal government’s forced health care system.

If this does not work, the IRS is likely to simply send out threatening letters in a desperate attempt to scare people into paying the tax. According to Elizabeth Maresca, a former IRS trial attorney who now supervises the Tax & Consumer Litigation Clinic at Fordham University’s Law School, most people end up paying whatever is demanded of them by the IRS when it comes in the form of a scary letter.

The fact that the IRS lacks any legal authority to collect an Affordable Care Act tax needs to be spread far and wide so that the American people know their rights. When it comes time to “pay the piper,” taxpayers need to know that, legally, they have the option to refuse both mandatory health insurance and the penalties associated with non-compliance.

Learn more: Natural News

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1 Response to "IRS has no legal basis to collect Affordable Care Act tax – It’s all an act!"

“Give me Liberty, or Give me Death!” – Patrick Henry

What a brilliant ruling by the United States Supreme Court on the affordable health care act (Obamacare). Stunningly brilliant in my humble opinion. I could not have ask for a better ruling on a potentially catastrophic healthcare act than We The People Of The United States received from our Supreme Court.

If the court had upheld the constitutionality of the individual mandate under the commerce clause it would have meant the catastrophic loss of the most precious thing we own. Our individual liberty. Thank you! Thank you! Thank you! Supreme Court.

There is no mandate to buy private for-profit health insurance. There is only a nominal tax on income eligible individuals who don’t have health insurance. This is a HUGE! difference. And I suspect that tax may be subject to constitutional challenge as it ripens.

This is a critically important distinction. Because under the commerce clause individuals would have been compelled to support the most costly, dangerous, unethical, morally repugnant, and defective type of health insurance you can have. For-profit health insurance, and the for-profit proxies called private non-profits and co-ops.

Equally impressive in the courts ruling was the majorities willingness to throw out the whole law if the court could not find a way to sever the individual mandate under the commerce clause from the rest of the act. Bravo! Supreme Court.

Thanks to the Supreme Court we now have an opportunity to fix our healthcare crisis the right way. Without the obscene delusion that Washington can get away with forcing Americans to buy a costly, dangerous and highly defective private product (for-profit health insurance).

During the passage of ACA/Obamacare some politicians said that the ACA was better than nothing. But the truth was that until the Supreme Court fixed it the ACA/Obamacare was worse than nothing at all. It would have meant the catastrophic loss of your precious liberty for the false promise and illusion of healthcare security under the deadly and costly for-profit healthcare system that dominates American healthcare.

As everyone knows now. The fix for our healthcare crisis is a single payer system (Medicare for all) like the rest of the developed world has. Or a robust Public Option choice available to everyone on day one that can quickly lead to a single payer system.

We still have a healthcare crisis in America. With hundreds of thousands dieing needlessly every year in America. And a for-profit medical industrial complex that threatens the security and health of the entire world. The ACA/Obamacare will not fix that.

The for-profit medical industrial complex has already attacked the world with H1N1 killing thousands, and injuring millions. And more attacks are planned for profit, and to feed their greed.

To all of you who have fought so hard to do the kind and right thing for your fellow human beings at a time of our greatest needs I applaud you. Be proud of your-self.

God Bless You my fellow human beings. I’m proud to be one of you. You did good.

See you on the battle field.

Sincerely

jacksmith – WorkingClass 🙂

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