Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Infernal Revenue Service’

… the I.R.S. is Doing What [#secret deal]…

Posted by paulfromwloh on Monday,August 29th,2016

.. you have got to be kidding .

.. making a secret deal is bad enough . Doing it with the anti – religious radicals at the Freedom from Religion Foundation is even worse …

.. What could be even worse ? ..

.. [h/t — pjmedia.com/tattler]..
.. [link] to the blog article …

.. these two parties working to enforce a blatanly unconstitutional law . That is the definition of worse . The Johnson amendment was a creation of then – Senate Majority Leader Lyndon B. Johnson . He hated the guts of a number of Texas pastors who were blasting him and his policies . So , he developed a way to work to ” silence ” them . Thus the Johnson Amendment …

.. given the legislative history , and the bill ‘ s intent , it is clearly unconstitutional . It was intended to silence people who had and have every perfect right to speak out in public . Even if they want to politic from the pulpit …. Given past and present practice , the DummyCraps are hardly one to complain about it . They get away with bloody murder every election season , so zip it . Quit complaining about it . Strike the damn amendment …

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Posted in 1st Amendment, body of law, personal opinion, rule of law | Tagged: , , , , , , , , , , , | Leave a Comment »

… the Department of ” You Have to Be Kidding ” [#IRS following the law??]…

Posted by paulfromwloh on Thursday,November 5th,2015

.. John Koskinen is a real arrogant ass .

.. I will guarantee you that One does not want to be a ” line ” IRS revenue agent this coming tax season …

.. considering the monkeyshines that have been revealed , and that has been just by the Service itself , boy , are people going to be creative when they get hauled before the service for an examinating (bad enough) or an audit (worse) …

.. [h/t — TAS.org]..
.. [link] to the blog post …

.. I am a C.P.A. . Yes , I have practiced in the recent past before the I.R.S. . I can just imagine the reaction of IRS agents if clients of mine tried to pull this kind of stuff when they were hauled before the Service …

.. rejected … Pay up …

.. yes , the Infernal Service is that harsh and unforgiving …. enjoy this tax season , I.R.S. !! …

Posted in accountability, congressional oversight, personal opinion | Tagged: , , , , | Leave a Comment »

… the ACLJ has the Best Chance to Get at the Truth [#IRSgate EMails]…

Posted by paulfromwloh on Friday,July 25th,2014

.. boy , you can bet that the Sekulows [father & son] are pissed about this …

.. if anyone understands what can be done , and how to do it , they do .

.. [h/t — townhall.com/tipsheet(katiepavlich)]..
.. [link] to the news story …

.. they have the ripest casest [election law expert Cleta Mitchell has many of the others] and will be in hot pursuit of this …

.. normally , one cannot use a civil case to pursue an independent counsel . But this is no ordinary case . The A.C.L.J. should have an angle and an avenue to pursue the court to force the appointment of an independent counsel , via a writ of mandamus [writ of ” I demand ” ]. The Department of injustice has mountains of evidence that clearly meet the standard . Now this …

.. this case should meet that standard all by itself . Then , watch the ObamaCraps squirm when they try to fight it …

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… Nice Try , Guys [#AGs playing dirty]…

Posted by paulfromwloh on Wednesday,July 23rd,2014

.. state AGs , especially the DemoCrap ones , have a habit of trying to play dirty . Anyone who is remotely familiar with the grand Tobacco Settlement [read : extortion] of the very late 1990s can understand that …

.. now , we are seeing the flipside of the efforts at disclosure of campaign finance and a person ‘ s contributions to a non – profit . People , including me , are rethinking their positions …

.. it is especially the case after the episode of Brendan Eich . Eich was for a short time toe CEO of the website supplier Mozilla . Eich , who is I think something of a libertarian , was harassed and hounded out of his CEOs job courtesy of a campaign contribution that he had made to the traditional marriage initiative [Proposition 8] in California …

.. [h/t — WallStreetJournal/Opinion]..
.. [link] to the opinion …

.. Mozilla evidently had a fair number of gay and lesbian employees . They did not want someone as their boss who had contributed to that initiative campaign back in 2008 . So , Eich resigned …

.. the results of the Eich episode are especially acute where it comes to non – profits . Political contributions are designed to be disclosed . Contributions to non – profit groups are designed , both by law , and by court precedent , to be confidential . The efforts of the AGs in Californai [kamala Harris] and New York state [Eric Sneiderman] are designed to undermine this effort …

.. what part of federal supremacy and court precedent , in addition to tax law , do those two idiots not understand ?!?! keep your damn hands off of my non – for – profit contributions . They are the business of mine and the groups , and are for no one else , especially you two nosy bodies ….

Posted in legal opinion, legal question, personal opinion, tax opinion | Tagged: , , , , , , , | Leave a Comment »

… A Ruling on #Halbig should be Here any day now [#ObamaCrapCare]…

Posted by paulfromwloh on Friday,July 18th,2014

.. yes , this one .

.. this is the latest one to threaten the creation of ObamaCrapCare .

.. it does not threaten its Constitutionality , though . What it does is go after its economic and policy foundations …

.. [h/t — HotAir]..
.. [link] to the blog news …

.. you can thank the dumb – dumbs on Crapitol Hil for this one . No , not the Republicans . Remember , not one GOP rep or Senator voted for ObamaCrapCare . This drafting blooper was a DemoCrap creation . And those dummies meant it , to entice the ” states ” to create their health insurance exchanges . They wanted them to , and were going to penalize them if the did not . However , the Supremes got in the way …

Remember the Halbig case? If not, catch up right now by re-reading this post from January, written after a D.C. district court judge ruled in Obama’s favor. O-Care is a famously complex law but the lawsuit that could end up demolishing it is surprisingly simple.

In a nutshell, there’s a line buried deep in the statutory text that says federal subsidies for insurance premiums will be available to anyone who buys a plan on “an Exchange established by the State.” Question: Does Healthcare.gov, the exchange built by the federal government after 34 states refused to build their own exchanges, qualify as an “Exchange established by the State”? Or do only state exchanges qualify ?

If it’s the latter, then millions upon millions of people who’ve signed up for O-Care through Healthcare.gov since October in the expectation that Uncle Sam will be paying part of their bill are in for a nasty surprise. The only fix that’s available (unless His Majesty tries some executive gambit, of course) is for Congress to amend the statute so that subsidies are available on the federal exchange too, but what are the odds of the House GOP agreeing to that? If the D.C. Circuit, which is set to rule any day now on the appeal of the earlier ruling, sides with the challengers against O, consumers will be forced to either come up with the money for their premiums themselves or drop their coverage. And if most of them choose to drop coverage, leading to a mass exodus of healthy people from various insurance risk pools, suddenly the White House is facing a death-spiral problem where hiking premiums on the remaining enrollees is the only way to pay for all the sick people still in the pool. That’ll lead to more dropped coverage, which means even higher premiums, and then it’s spiralmania.

It’s a magic bullet, aimed right at the heart of ObamaCare. What will the D.C. Circuit do? TPM wonders:

The challenge was initially written off by some as a fool’s errand because there’s a lack of evidence that the Democrats who crafted and passed the Affordable Care Act intended to block subsidies on the federal exchange, which was designed as a backstop on behalf of the states. (They’ve signed a brief saying as much.) But the challengers seized on an ambiguity in the language of the statute which says the subsidies are to be provided by “an Exchange established by the State.”

“If the legislation is just stupid, I don’t see that it’s up to the court to save it,” Judge A. Raymond Randolph said during oral arguments in March.

Randolph, a George H.W. Bush appointee, said the text of the statute “seems perfectly clear on its face” that the subsidies are confined to state-run exchanges. Carter-appointed Judge Harry T. Edwards slammed the challengers’ claims as “preposterous.” So the deciding vote appears to be with George W. Bush-appointed Judge Thomas B. Griffith, who wasn’t resolute but sounded unconvinced of the Obama administration’s defense, saying it had a “special burden” to show that the language “doesn’t mean what it appears to mean.”

In a way, this is an analog to Obama’s power grab on immigration, which he defends as necessary because Congress is paralyzed. Will the D.C. Circuit read the statute as it’s written and leave it to Congress to resolve the ambiguity over “state” exchanges or, knowing that Congress won’t do a thing to resolve it, will the court feel obliged to minimize disruption to America’s new insurance regime by interpreting the word “state” broadly? The lower court reasoned that the federal ObamaCare exchange isn’t really a “federal” exchange, it’s an amalgamation of 34 different state exchanges that the federal government established on behalf of each of those 34 states. In that sense, the federal exchange is a “state” exchange (or a group of state exchanges) and therefore its customers are eligible for subsidies.

Law prof Jonathan Adler has led the charge in arguing the opposite, that the whole reason the statute was drafted the way it was is because Congress wanted to give states an extra incentive — namely, subsidies for its residents — to set up their own individual insurance exchanges. If a state refused to comply and forced the feds to set up an exchange on its behalf instead, its residents would be punished by having their eligibility for subsidies removed. (Adler wrote a thorough reply to the district court’s ruling for WaPo back in March.) The D.C. Circuit needs to choose between those two interpretations. And depending upon how they rule, SCOTUS may get a crack at it — which, per Jonathan Turley, is potentially also bad news for O-Care fans:

But the D.C. Circuit Court may see things quite differently, especially in light of recent Supreme Court opinions holding that the Obama administration has exceeded its authority and violated separation of powers.

In Michigan vs. Bay Mills Indian Community, for example, Justice Elena Kagan noted that “this court does not revise legislation … just because the text as written creates an apparent anomaly as to some subject it does not address.” In Utility Air Regulatory Group vs. EPA, Justice Antonin Scalia, writing for the majority, stressed that “an agency has no power to tailor legislation to bureaucratic policy goals by rewriting unambiguous statutory terms.” And a third strike came last week in National Labor Relations Board vs. Canning, when the Supreme Court unanimously found that President Obama had violated the Constitution in circumventing Congress through his use of recess appointments…

Moreover, a ruling against the administration would mean that Obama has been responsible for ordering what could amount to billions of dollars to be paid from the federal Treasury without authority. And it would mean the administration has committed yet another violation of the separation of powers.

It’s impossible for me to believe that the Supremes generally and John Roberts specifically, having eaten boatloads of crap from the right for upholding ObamaCare on the challenge to the individual mandate, are now going to pull a “never mind” and torch the whole thing because of a drafting ambiguity, but hope springs eternal for separation-of-powers aficionados like Turley. So much for the legal angle to all this.

Here’s the political angle: What happens if the D.C. Circuit does nuke the subsidies eligibility for federal-exchange consumers? Would the House GOP even consider a bill reinstating those subsidies in exchange for other concessions of some kind? Before you say “hell no,” bear in mind that there’ll be a lot of voters out there PO’d that they’ve just lost their sugar from Uncle Sam and a lot of Democrats whispering to them that they could have that sugar back if only the damned Republicans didn’t want to see them suffer. Plenty of hay could be made before the midterms. Phil Klein, who has more faith in Boehner and crew than me, thinks there’s no way House Republicans would dare cave on subsidies, certainly not before SCOTUS has ruled on this at least. Hopefully he’s right — emphasis on “hopefully.” But maybe it’s all moot: If the GOP held out and refused to reinstate the subsidies, His Majesty would be tempted to issue some sort of dubious executive order (say, right around November 1st) proclaiming that the subsidies will be reinstated under HHS’s authority. That might be illegal, but even if it is, what’s anyone going to do to stop him? And even if there is a way to stop him by suing him over it, how will that stop him in time to prevent him from reaping the benefits at the polls on election day? Gulp.

LEC here again — I am figuring on a 2 to 1 decision that overturns the trial court . Given the editing blooper , and the clear intent of Congress originally in drafting the thing , it is not up to the courts to rewrite it , and it is not up to H.H.S. and the Infernal Revenue Service to ” screw around ” with it .

.. the questions after that :

[-] what do the courts do — the newer and more liberal majority may want to get their hands on this one . But the Supremes may decide to intervene , once the Government appeals , and take it away from them . That would force the appeal up to the US Supreme Court , and they would not overturn that ruling …

[-] House GOP — it may well give them leverage . But His Lordship has shown no inkling towards compromise . He never does . Remember , OCC is THAT unpopular , I  will bet that the House GOP will do nothing , pending an appeal to the Supreme Court ..

[-] You – Know – Who — He is stupid , but is he that stupid to try a ” power play ” on the subsidies before the elections . If he did (or does) , he will definitely face impeachment proceedings after the elections . Congress then may well have had enough …

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… Now the IRS has a Very Serious Problem [#IRSGate]…

Posted by paulfromwloh on Wednesday,July 16th,2014

.. that is for sure ..

.. also , Judicial Watch has struck again .

.. [h/t — Yahoo.com/News]..
.. [link] to the news story ….

.. Judge Emmett Sullivan is a hard ass . He will not take any guff . When Judicial Watch brought a F.O.I.A. suit for the emails [Lerner’s], I knew that the Service had a very serious problem . Now , with the continued emergence of Lerner e – mails in drip-drip-drip , she looks guilty as sin …

.. and Eric Holder looks like a corrupt bastard ..

.. Judge Sullivan has order the Service to start coughing up e – mails . That is the underlying text of his order this day [Thursday 07/10/2014].. He does not believe the Service , anymore than I do …

.. Those e – mails are there . It is only a matter of time before they come out . Either Judicial Watch ‘ s FOIA lawsuit will pull them out , or True the Vote ‘ s suit , but the digging is underway …

.. even better than a special master , Judge Sullivan has appointed his magistrate to oversee the situation . Federal Judges do not magistrates wasting their time , so the magistrate will be able to apply plenty of pressure to the Service . Also , with the Judge ‘ s blessing , he / she will have plenty of room to run and roam ….

.. more than likely , Sullivan is well aware of other legal action seeking the same information [A.C.L.J. / Cleta Mitchell , principally] . So , it is likely that there is more than one judge applying pressure , as well as more than one appeals circuit [D.C. , 4th , 2nd, 6th] . That is a lot of firepower .

.. Also , Sullivan is an institution in D.C. . He is well known by the folks in D.C. . The Service does not want a pissing match with him . The D.C. Appeals Court is in the same building , while the 4th Circuit is located down in Richmond . Also , do not forget the Supreme Court …

.. it will be fun to see the media coverage of this , given Judicial Watch ‘ s recent history . Tom Fitton is straight – laced and quite , and is not a publicity hound . He lets his work do the talking …

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… Christ , Those Idiots are Getting Bonuses …

Posted by paulfromwloh on Saturday,May 3rd,2014

.. this is a dandy ..

.. the folks at the Infernal Revenue Service are getting bonuses for doing their jobs . They should be happy with what they get in their paychecks …

.. [h/t — theGatewayPundit]..
.. [link] to the blog news ..

.. Congress should act to outlaw these bonuses , except in very , very strict circumstances . Government employees are paid very , very well , and should be happy with that , and the generous benefits that they receive …

.. what is worse is that these idiots are getting all of this stuff when they are receiving poor conduct reviews , and , even worse , they are not paying their taxes …. not paying their taxes ?!?! … these folks should be o – u – t , out ! out ! out ! the door …

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… Outlaw the Damn Bonuses [the I.R.S. strikes again] …

Posted by paulfromwloh on Wednesday,April 30th,2014

.. you figure after all of the horrendous publicity , the Infernal Revenue Service would figure out a way to start cleaning up its act ..

.. well , you would be wrong ..

.. [h/t — WashingtonFreeBeacon]..
.. [link] to the news report ..

.. nice going dummies !! … paying bonuses , when you should not be …. paying bonuses , when people have disciplinary issues …and , amazingly enough , you give out bonuses , pay increases , and promotions to people who have not been paying their taxes …

.. are you kidding ?? ..

.. I am not . Ban the damn bonuses and performance awards ! …

Posted in corruption, personal opinion | Tagged: , , , | Leave a Comment »

… Yea , but What Will They Propose Now [IRS Rule — 501c groups]…

Posted by paulfromwloh on Tuesday,April 22nd,2014

.. yea , this is more than a little bit important ..

.. but , take it with a grain of salt .

.. [h/t — HotAir]..
.. [link] to the blog news ..

.. the question is , what is coming down the pike . The previous proposal was horrendous , and , most likely , unconstitutional . The Service is , right now , under an electron microscope [yea , that is as powerful as it gets] …

.. the Infernal Revenue Service does want more money for enforcement . Normally , it would likely get it . Right now , these are not normal times . People of all stripes are really pissed off at the Service . Its popularity is at an all – time low . Its political bigotry level is at an all – time hight . And they want more money for enforcement ? Un – uh …

.. those civil suits are eventually going to unveil a lot . Discovery under the supervision of a federal district court judge is usually quite helpful . The thing is , I suspect , that a number of the folks bringing suit [including the A.C.L.J. , and others] are beginning to work together , pooling their discovered info , so that they do not overlap and waste resources . It will roast the Service on a spit , and reveal a lot . It could even result in the appointment of a special master to investigate the Service [federal judges can do that] …

.. it will pressure Main InJustice for the appointment of an Independent Counsel . Someone may even push Injustice with a Mandamus action to force it to act , or a U.S. Attorney may even pick up the ball . The ObamaCraps can stall , but not forever …

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… Holding Children Responsible for the Parents ‘ Debts …

Posted by paulfromwloh on Saturday,April 19th,2014

.. when it comes from an overpayment (in this case , from the Social Security Administration) …

.. so , what exactly did the government do ? One arm [the S.S.A.] sent notice about the debt to another arm [the I.R.S.] . The Infernal Revenue Service prompty seized the money from her tax refund ..

.. [h/t — HotAir]..
.. [link] to the blog news ..

.. one problem was that the supposed debt was only about $2,700 . The amount of the tax refund was about $4,400 . So the government took the whole thing … the next was the stunt that the government did to lift the statute of limitations …

.. let me reproduce a segment of the blognews from the HotAir post , so that you understand …

When [Mary] Grice was 4, back in 1960, her father died, leaving her mother with five children to raise. Until the kids turned 18, Sadie Grice got survivor benefits from Social Security to help feed and clothe them.

Now, Social Security claims it overpaid someone in the Grice family — it’s not sure who — in 1977. After 37 years of silence, four years after Sadie Grice died, the government is coming after her daughter. Why the feds chose to take Mary’s money, rather than her surviving siblings’, is a mystery…

“It was a shock,” said Grice, 58. “What incenses me is the way they went about this. They gave me no notice, they can’t prove that I received any overpayment, and they use intimidation tactics, threatening to report this to the credit bureaus.”…

Social Security officials told Grice that six people — Grice, her four siblings and her father’s first wife, whom she never knew — had received benefits under her father’s account. The government doesn’t look into exactly who got the overpayment; the policy is to seek compensation from the oldest sibling and work down through the family until the debt is paid.

SSA insists that they did send notice — to a P.O. Box that Grice hasn’t owned for 35 years, even though they have her current address.

How can they demand restitution for a mistaken payment made in the late 1970s, let alone from someone who didn’t even receive it? Because: The farm bill that passed in 2011 lifted the 10-year statute of limitations on debts owed to the feds. Treasury has collected more than $400 million since then on very old obligations, many of them below the radar of public scrutiny because the amounts are often small enough, i.e. a few hundred dollars, that the targets find it’s cheaper to pay up than to fight. It’s a shakedown, based on the flawed assumption that a child not only must have benefited from the overpayment to his parent but that he/she received the entirety of the benefit, with little proof offered that the debt even exists. (One man who was forced to pay demanded a receipt from SSA affirming that his balance was now zero. The SSA clerk told him he’d put in the request but that the man shouldn’t expect to receive anything.) The only reason you’re hearing about Grice’s case, I think, is because they went after her for thousands, not hundreds, of dollars, which was enough of a hit to make her get a lawyer. Turns out that the feds had seized and then continued to hold her federal and state refunds, an amount greater than $4,400 — even though they were only demanding $2,996 from her to pay off her father’s debt. Lo and behold, once WaPo found out and started asking questions, the $1,400 excess was promptly returned to her. Amazing how fast bureaucracy can move when someone looks behind the curtain.

The whole thing is Kafkaesque — opaque, oppressive, arbitrary, and sinister in its indifference to making sure the right person pays so long as someone does. After reading the story, it’s not obvious to me what’s stopping Treasury from demanding a payment from every taxpayer whose parents are dead. If the chief witnesses are gone and the feds don’t have to prove that a child actually received any benefits from overpayment, the only “check” on this process is SSA’s willingness to tell the truth about who owes them money and how much. You trust them, don’t you?

.. LEC here again :

.. so , you understand the basic gist … Kafkaesque – sounding , doesn’t it…

.. another cheap stunt is the change in the statute of limitations for old debts , and slipping it into he farm bill . That is a very serious legal problem for the government . It is also unconstitutional . What the gowas make a change in the law that was ” ex post facto . ” Basically , you have reinstated a debt that expired by the statute of limitations [in the 1980s , in their case] , and misused the law to reinstitute it …

.. It does not matter whether it is a criminal matter or a civil matter . Doing that action ” ex post facto ” is an unconstitutional act . So , they should challenge it , and have it struck down …

Posted in constitutional opinion, financial opinion, historical opinion, personal opinion | Tagged: , , , , , | Leave a Comment »

… Eric Holder has made a Huge Blunder …

Posted by paulfromwloh on Friday,April 4th,2014

.. you might ask , why ?

.. it is that he has actually made a determination on the I.R.S. investigation , that is why …

.. [h/t — WashingtonExaminer]..
.. [link] to the Editorial ..

.. this is where the I.G.’ s report [J. Russell George] for the I.R.S @ the Treasury Department becomes critically important . Also , the actions , or lack thereof , in the civil lawsuits , in particular , the ones that are represented by the American Center for Law and Justice [the A.C.L.J.] …

.. when A.G. Holder kept silent , and did nothing , even as much as people bellyached , no one could do anything . Once he actually made a determination NOT to appoint a special counsel , then people could move and take action …

.. now , people can sue , either in D.C. in District Court , or directly in the Court of Appeals (it is one of the rare times that a legal case can begin directly there , instead of down lower) . One can also take action in the District Court where the A.C.L.J. has its legal cases situated …

.. people should sue , and demand what is known as a ” writ of mandamus . ” Mandamus means , literally , I demand , and is something that can not be requested all that often . When the clear evidence requires that a government official has a clear ministerial duty to do something that the evidence dictates (and refuses to do so) , then a citizen can act and request a mandamus order from a federal judge .

.. I believe that now is that time . It is abundantly clear that Eric Holder and his cronies are conspiring to obstruct justice , and the deputy Treasury I.G. for the I.R.S. (George , again) lays out the basics of the criminal case . The law calls for a special counsel to be appointed in such a case , and Holder has refused to do so . Well , the evidence says yes , and his conduct at the Department of Injustice is criminal …

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… Wicked & Funny Cartoon from Branco …

Posted by paulfromwloh on Wednesday,March 12th,2014

.. hey , he hits the spot .

.. Elijah Cummings especially has it coming . The way that he has behaved , he should be indicted for conspiracy and obstruction of justice , among other criminal offences . Unfortunately , we have a criminally – run Department of InJustice , so …

elijah cummings (branco cartoon)

.. [h/t — LegalInsurrection]..
.. [link] to the cartoon …

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… ObamaCrapCare [Employer Justification to IRS] …

Posted by paulfromwloh on Tuesday,February 11th,2014

.. I went back and dug up this CNS article . It is about a year old , but it is more relevant than ever ….

.. It is the proposed rule that I believe syndicated columnist Marc Thiessen was referring to when he made his appearance tonight on the “Kelly File” on FoxNewsChannel . The proposed rule (in that article) is the one that the IRS has made final , now . Yea , it is micromanaging of a Business ‘ hiring and firing and staffing decisions , making them subject to the audit of the Infernal Revenue Service …

.. [h/t — CNSnews]..
.. [link] to the article..

(CNSNews.com) – The Internal Revenue Service warned employers in a new regulatory proposal not to come up with clever schemes to avoid Obamacare’s employer health insurance mandate. The IRS said it would soon issue “anti-abuse rules” to discourage employers from taking advantage of any regulatory loopholes. “The Treasury Department and the IRS are aware of various structures being considered under which employers might use temporary staffing agencies (or other staffing agencies)… to evade application of section 4980H [the employer insurance mandate],” the IRS said in a proposed regulatory announcement issued December 28.

The IRS said it would issue a so-called “anti-abuse rule” in an attempt to prevent employers from using temp agencies to circumvent the mandate, essentially writing into law that even though an employer hires temporary workers and therefore is not technically under the mandate’s jurisdiction, the IRS would fine them anyway for not providing health insurance. “It is anticipated that the final regulations will contain an anti-abuse rule,” the agency said. “Under that anticipated rule, if an individual performs services as an employee of an employer, and also performs the same or similar services for that employer in the individual’s purported employment at a temporary staffing agency or other staffing agency of which the employer is a client, then all the hours of service are attributed to the employer for purposes of applying section 4980H.”

In other words, if an employer hires someone part-time, then uses an employment agency to bring the same person on for a second part-time shift, the IRS will still hold the employer liable under the ObamaCare mandate. Similarly, IRS said that if an employer hires the same person for two part-time stints by using two different employment agencies, it will hold either the employer or one of the employment agencies liable for the mandate’s penalties. The issue stems from the employer health insurance mandate in Obamacare, which requires employers with 50 or more full-time employees to provide government-approved, affordable health insurance to at least 95 percent of their employees (and dependents). If any of those employees receives government health insurance subsidies, the IRS will fine the employer up to $2,000 per employee, according to a formula outlined by the IRS.

The warning is part of proposed regulations from the IRS outlining how employers must determine whether they meet the 50 full-time-employee threshold and whether the insurance they offer meets government standards. The IRS said that a full-time employee is one who works an average of 30 hours per week or 130 hours per month, roughly 6 hours of paid service per weekday. The IRS also said that in order for an employer’s health insurance plan to pass muster with the government, it must be available to 95 percent of employees and cost no more than 9.5 percent of an employee’s wages. The agency specified that employers could still fall under the mandate if they employ enough part-time workers to equal 50 full-time workers. For example, if an employer has 40 full-time workers and 20 part-time workers, that employer would be considered by the government to have 50 full-time workers and would be subject to the mandate because the 20 part-time workers average to 10 full-time workers – meeting the 50 full-time-worker threshold.

.. LEC here again — I found a news article at AccountingToday , which sets things out pretty simply . The link to the piece is [here] …

Posted in accountability, economic opinion, financial opinion, Investigative, oversight, personal opinion, political agenda, political opinion | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

… Politicized Justice is …

Posted by paulfromwloh on Thursday,January 23rd,2014

.. no justice at all .

.. it harms our Constitution , our country , and our citizens .

.. when people abuse the organs of government for their own ends , and they tamper with the rights and freedoms of others .

.. Government prosecutors do have the right to set priorities to maximize the use of scarce resources . What they do not have the right to do is the refusal to enforce the body of law as a whole . Especially when and where prosecution for misconduct is called for .

.. These groups formed and applied for tax – exempt status . They thus created a IRS tax file . These files are not to be misused or abused , especially for misuse for political purposes . I am a C.P.A. , albeit on the bench . I have practiced before the service , and misuse of these files is a felony .

.. It is clear that these files have been misused . Investigation is called for , and the appointment of a Special Prosecutor or an Independent Counsel is called for ..

.. here is another opinion , from Judge Jeanine Pirro on her ” Opening Statement ” on her show ” Justice w. ” earlier this month ….

.. [h/t FoxNewsInsider]

.. [link] to the video segment ..

Posted in constitutional opinion, disgusting, fraud, personal opinion | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… Take a Scalpel to the Tax Code …

Posted by paulfromwloh on Wednesday,July 10th,2013

..and to the Infernal Revenue Service .

.. Yea , I call it the Infernal Revenue Service . What do you expect for a C.P.A. , who has practiced before those numb-nuts .

.. There is a use for them . I admire the advocates of the FAIR tax , but in terms of public policy and planning , I am not as wild in favour of it as you might think . I am much more in favour of a single – rate , or flat – rate , income tax .

.. With that , I also think that we should take a scalpel to the I.R.S. , not just the tax code . Having the I.R.S. manage ObamaCrapCare ? People have to be totally crazy to think that , much less actually do it . And the DemoCraps in Congress in 2010 actually did it . Amazingly enough . And , they did it without any Republican votes . Not one .

.. The recent scandal of the targeting of conservative and Tea Party and religious organizations just drives home the point . These people were just trying to organize themselves , and avail themselves of the opportunities that are available under the law . Yet , they were singled out for their views and their beliefs . Their rights were violated . Most likely , higher – ups at the I.R.S. were , most definitely involved in it . That much is certain .

.. As of now , the ObamaCrap White House has not been found to be complicit in this affair . Not as of yet . Yet , I believe that , directly or indirectly , the I.R.S. took its marching orders from the ObamaCraps . Considering how heavily DemoCraptic the I.R.S. workforce is , in terms of their campaign contributions , and their votes , that is no surprise . These people are supposed to be “non-partisan.” Yet , these numb-nuts act in such a partisan manner .

.. let us go to the “Chop Shop , ” and chop away !!

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… An I.R.S. Agent does not take a “Dump” without Guidance and Orders from On High …

Posted by paulfromwloh on Monday,June 3rd,2013

.. An I.R.S. agent that is properly doing their job is enforcing our tax laws . They are doing so in an impartial and non – partisan matter . They execute plans that are set from much higher up , to carry out examinations and audits . They do not even , when needed , take a “Dump” without Guidance from higher ups . If you are not sure , a dump means check your “Six” when you go to the can .

.. I have represented people before the service . These people are thoroughly professional . They do not like to mess around . They generally do not like to waste time . If they are “messing around,” it usually means they have orders from much higher to do it . Generally , they do not do so .

.. I did not represent groups seeking 501c status . Remember , with this stuff , with so – called “social welfare” groups , political activities are permitted . It is blatant out – and – out electioneering (campaign activities) that are out-of-bounds. When a judgement is made , the judgement is supposed to made in favour of the 1st Amendment , and what they can do , instead of what they cannot .

.. When you seek this non – profit status , you should expect to answer questions . Also , expect to have to spend some money on accounting fees and legal fees , so that you do the job right . There are folks out there who specialize in this stuff . I did not . They can and will help you . No , they will not seek to run up their bills . Their job is to help you , not abuse you .

.. Sometimes , those questions are intrusive . I know , I saw them . What the Infernal Service has been doing with this stuff is far below the belt . It is beyond the pale of what should be asked . Ask the experts . The Government should bring its checkbook to settlement negotiations . And with it , a very generous balance .

.. These folks have had their civil rights violated . God willing , these people will be able to get and received justice . The Sekulows (father and Son) at the American Center for Law and Justice (the A.C.L.J.) are some of the very best in the business . The Landmark Legal Foundation is also another one . Keep it up , and keep going .

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