Jacobson is on the case.
Not being a tax lawyer, I was hesitant to go out on a limb and say the JCT was flat out wrong, but I feel a little more comfortable now saying the JCT was wrong because some tax professors agree with my assessment that the JCT was wrong.
While there are some limitations on collection procedures, the mandate is enforceable by the IRS.
That would contradict the statement of the Joint Committee on Taxation.
But since that Committee is composed of Congressmen, we know that they didn't read the f&^%ng bill in the first place...so their opinion is un-informed, strictly speaking.
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The good news is that an individual mandate to purchase a product in the privat market is most likely unconstituional... the bad news is the immediate remedy is a single-payer system like Medicare.
So for our side, the only real solution is delaying in court and winning in two consecutive election cycles.
‘‘(g) ADMINISTRATION AND PROCEDURE.—
‘‘(1) IN GENERAL.—The penalty provided by this section
shall be paid upon notice and demand by the Secretary, and
except as provided in paragraph (2), shall be assessed and
collected in the same manner as an assessable penalty under
subchapter B of chapter 68.
‘‘(2) SPECIAL RULES.—Notwithstanding any other provision
‘‘(A) WAIVER OF CRIMINAL PENALTIES.—In the case of
any failure by a taxpayer to timely pay any penalty imposed
by this section, such taxpayer shall not be subject to any
criminal prosecution or penalty with respect to such failure.
‘‘(B) LIMITATIONS ON LIENS AND LEVIES.—The Secretary
‘‘(i) file notice of lien with respect to any property
of a taxpayer by reason of any failure to pay the
penalty imposed by this section, or
‘‘(ii) levy on any such property with respect to
I take the word of the tax counsel(s) that Jacobson consulted.
If YOU are a tax counsel, of course, I'd be happy to change the post.
I just know what's in the bill, which is that no one will be prosecuted or penalized.
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