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Tip the Boat: A Theory on How to Destabilize Obamacare (Vanity)
me | 6/29/2012 | me

Posted on 06/29/2012 8:06:52 PM PDT by Springfield Reformer

IIRC, there are some loopholes in Obamacare. For example, membership in one of the established health cooperatives like Medi-share would exempt a person from the Buy-Or-Be-Taxed provisions. This might be one way to avoid paying the "abortion tax."

Another loophole is membership in an established religion that specifically prohibits participation in insurance schemes. However, since such religions are far and few between (Islam and Amish are the only two such faiths I know of), the law violates the Establishment Clause. The government is essentially favoring the exempted religions based on their religious content. Thus it is "establishing" a particular religion. Bad. Very bad.

The Establishment Clause angle is interesting for another reason. Normally, taxpayer cases go nowhere, because the taxpayer can’t get standing. But when the Establishment Clause is being violated, and federal money is being used to do it, it becomes one of the very rare paths to gain taxpayer standing. So any of us or a lot of us all together (class action) could file as taxpayers.

Once the standing beachhead is established, we might have any number of possible ways to go. For example, if the entire pro-life community got on board and applied for conscientious objector status over abortion, we might be able to “tip the boat,” as it were. The idea is to Cloward-Piven the Obamacare exemptions.

Legal footnote on fighting the IRS. I’m seeing some people say they won’t pay the tax. Bad bad idea. Especially if you’re working alone and don’t have a backup plan. Everyone should do what Jesus says first: Trust God and give O-Caesar his tax. Then, if you can get a good lawyer, fight to get the money back. That’s the protocol and that’s the safe and reasonable way to fight the IRS, and it does on occasion work.


TOPICS: Government; Health/Medicine; Politics; Religion
KEYWORDS: loophole; obamacare
This is a rehash of something I posted back in December of 2010. It is a bit more relevant now, so I wanted to put it out there to get some feedback. I haven't thought is all the way through, so if anyone sees any major defect, or a way to flesh it out, or even if you just think its crazy, I'd like to hear from you.

Thanks,

SR

1 posted on 06/29/2012 8:06:57 PM PDT by Springfield Reformer
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To: Springfield Reformer

Also, how about we all claim we are Amish, Moslem or some other religion that is exempt. BTW, like your idea.


2 posted on 06/29/2012 8:13:26 PM PDT by Nowhere Man (Justice Roberts knows the Constitution as much as the hominids know about the Monolith in "2001")
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To: Springfield Reformer

We decided to switch to Medishare last week, before the ruling.


3 posted on 06/29/2012 8:13:42 PM PDT by ChocChipCookie
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To: Springfield Reformer
Legal footnote on fighting the IRS.

Why not put on every field of the form "5th Amd"?
Let them make the argument that your refusal to incriminate yourself is illegal.

4 posted on 06/29/2012 9:11:25 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Springfield Reformer

I may be missing something here but since this is officially a tax doesn’t that exempt nonprofits?


5 posted on 06/29/2012 9:18:34 PM PDT by Roland
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To: Nowhere Man

Inshalla, you have already taken my idea. Give it back infidel!


6 posted on 06/29/2012 9:24:50 PM PDT by sgtyork (The secret of happiness is freedom, and the secret of freedom, courage. Thucydides)
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To: Springfield Reformer

“However, since such religions are far and few between (Islam and Amish are the only two such faiths I know of), the law violates the Establishment Clause.”

I don’t think that argument will work, since the Amish have been exempt from Social Security and Medicare taxes for a long time, and that hasn’t been found to be a violation of the establishment clause.


7 posted on 06/29/2012 9:26:44 PM PDT by Boogieman
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To: OneWingedShark

If you don’t answer their questions, they will calculate what they think you owe, and charge you for that. It will probably be larger than what you would normally owe if you just reported. They can also just audit you and subpoena all your records, and throw you in jail if you don’t comply.


8 posted on 06/29/2012 9:29:15 PM PDT by Boogieman
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To: Boogieman
If you don’t answer their questions, they will calculate what they think you owe, and charge you for that. It will probably be larger than what you would normally owe if you just reported. They can also just audit you and subpoena all your records, and throw you in jail if you don’t comply.

That all assumes I have a job. -- LOL
Ohhh... you're going to throw me in jail and give me three meals a day and a place to sleep that's out of the elements!

9 posted on 06/29/2012 9:33:24 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Yeah, in that case they probably won’t bother. They go after the bigger fish.


10 posted on 06/29/2012 9:45:54 PM PDT by Boogieman
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To: Boogieman
Yeah, in that case they probably won’t bother. They go after the bigger fish.

With the current employment environment -- which is about to get worse -- that's not going to be an uncommon state.
IOW, we jobless can cover for the wealth-producers.... I mean it'd be a, what, 100:1 ratio?

11 posted on 06/29/2012 9:50:16 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Springfield Reformer
Another loophole is membership in an established religion that specifically prohibits participation in insurance schemes. However, since such religions are far and few between (Islam and Amish are the only two such faiths I know of), the law violates the Establishment Clause.

This even more so since it is now a tax. Are there any religions that are excused from paying a tax?

12 posted on 06/29/2012 10:26:37 PM PDT by Mike Darancette (Democrats are the problem. Vote them out, all of them.)
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To: Springfield Reformer

I am at a place and time that I don’t know and I don’t care. Come November when it is time to renew my healthcare choice at work for calendar year 2013, I plan to disenroll from all health insurance.


13 posted on 06/29/2012 10:40:32 PM PDT by YankeeinOkieville (Obamanation [oh-bom-uh-nay-shuhn] n. -- ignorance and arrogance in the highest offices)
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To: Springfield Reformer
“How to Destabilize Obamacare”

Please correct me if I am remembering wrong, but didn't the pro-slavery pro-satin party write into the bill that the Muslims and Quakers are exempt from o’s death bill? If so we have an out!!! We can all become Quakers!! They believe in Jesus so we wouldn't be turning our backs on our religion and for the Jews just say you Quakers too. Who are they to tell us what our religion is?

14 posted on 06/29/2012 10:40:33 PM PDT by Anti-Christ is Hillary
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To: Springfield Reformer
For example, membership in one of the established health cooperatives like Medi-share would exempt a person from the Buy-Or-Be-Taxed provisions.

just don't make it AARP, that would be rewarding the commie b@$t@rd$.

15 posted on 06/30/2012 10:15:14 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of LibertyI'm st! TERM LIMITS, NOW AND FOREVER!)
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To: Anti-Christ is Hillary

The health care reform law defines those sects as ones that are also exempt from Social Security payroll taxes under 26 U.S. Code section 1402(g)(1). In other words, religious sects that seek exemption from the health care reform law’s individual mandate must also waive all benefits from Social Security and Medicare.

The health care reform law does not, however, specify which religious sects are, or are not, eligible for such an exemption - Muslim or otherwise.

Historically, the overwhelming majority of religious sects that have sought and received exemptions from Social Security are Mennonite and Amish groups.


16 posted on 06/30/2012 10:20:46 AM PDT by nascarnation
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