[ExI] Warren Buffett is worried too and thinks Republicans are "asinine"

[spike]

-----Original Message-----
>... On Behalf Of david

"spike" <spike66 at att.net> wrote:

>> ... the ACA clearly specifically forbids the IRS from enforcing the
penalties.  They are 
> free to DEMAND payment, they can even send a bill. They just can't do 
> anything if the taxpayer just says no... spike
  
>...Is there anything to stop the IRS simply applying whatever taxes or
with-holding that you have paid, to the opt-out tax first, then coming after
you boots and all for the "unpaid" income tax? 

-David
_______________________________________________

Sure, they can keep the refund you would have gotten.  But if you do your
withholdings right, you shouldn't have a refund coming anyway.  Or if so, it
should be very small.  Here's the text:

''(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
shall not-
''(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
such failure.''.

So here's the interesting part.  Do they differentiate the normal income tax
bill from that which is levied for not having health insurance?  I would
think they would need to keep those two bills separate, since the IRS has
the authority to collect ordinary taxes, but does not have the authority to
assess penalties for refusing this one.  So if they mix the two into one
bill, it might add the threat of criminal sanction for not paying the
opt-out tax (specifically prohibited by law) or it might cause the IRS to
lose its power over collecting the income tax (which has some enormous
consequences in itself.)  

There are a number of waivers available for the opt-out tax: one of the
major religions often found in places such as Saudi Arabia is exempt, since
insurance is gambling.  Presumably anyone who converts to that religion now
is as exempt as the others.  Native Americans are exempt even though you can
buy a membership into some Native American tribes without the actual
relationship, or just claim it, as in the case of Elizabeth Warren.  You can
be a union or a big corporation, with the term "big" defined by how "big" is
the campaign donation you offer.

You can be sure the IRS can and will keep your refund if you have one
coming, but if you do, that is a bookkeeping error on your part.  To answer
your question, can they come boots and all.  Yes to boots, not to all.
Boots but not criminal sanctions, boots but not liens against your property
or levies against your bank accounts.  OK so what happens when the mighty
much-feared IRS shows up boots and that's all?  The taxpayers now tweak them
with "I invoke the fifth amendment" or say "Hey nice boots.  Boots are made
for walking.  Now hit the road."

The IRS cannot do its job without a serious threat behind it.  That waiver
removed the fist from the glove.

spike