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Obamacare

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

Tuesday, July 17, 2012 by: Ethan A. Huff, staff writer
Tags: Obamacare, IRS, penalty

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(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.

Sources for this article include:

http://apnews.myway.com//article/20120707/D9VS2E3O0.html

http://reason.com
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