Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

You Are Free To Travel—If The IRS Lets You
Digg ^ | 4/16/2012 | Gonzalo Lira

Posted on 04/17/2012 11:22:29 AM PDT by IbJensen

A bill that nobody is paying any attention to is sailing through Congress: Senate Bill 1813. It passed the Senate by 74 to 22, and is expected to sail through the House as well. It’s an act “[t]o reauthorize Federal-aid highway and highway safety construction programs, and for other purposes.”

It’s the “and for other purposes” part of the title that has me worried—specifically Section 40304: “Revocation or denial of passport in case of certain unpaid taxes.”

This section would give the IRS the power to keep a U.S. citizen from traveling—

—and it’s another example of Executive Power run amok. It’s another example of how the United States is turning into a police-state.

The right to travel freely is sacrosanct—it’s not some privilege that the government bestows on us: It’s one of our basic freedoms as citizens. In point of fact, the countries that have limited their citizens’ ability to travel—the Soviet Union, the People’s Republic of China, North Korea, Cuba—were all rightfully called “police-states”: It’s one of their defining characteristics—the fact that they were keeping their citizens hostage.

In the United States, there are several, clearly defined reasons why you would have your passport either denied or revoked—and all of them pass the smell test.

In the case of a passport being denied, according to the U.S. State Department, the reasons are:

“a federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition [by a foreign country]. Additionally, failure to pay a court-ordered child-support in excess of $5,000 can also be grounds for the State Department to refuse to issue a passport to a U.S. citizen.

In the case of a passport being revoked, the law (22 CFR 51.72) says very clearly that:

A passport may be revoked or restricted or limited where: (a) The national would not be entitled to issuance of a new passport under §51.70 or §51.71 [the above conditions]; or (b) The passport has been obtained illegally, by fraud, or has been fraudulently altered, or has been fraudulently misused, or has been issued in error; or (c) The Department of State is notified that a certificate of naturalization issued to the applicant for or bearer of the passport has been canceled by a federal court. [54 FR 8532, Mar. 1, 1989, as amended at 64 FR 19714, Apr. 22, 1999] Now, notice how both in the case of a denial or a revocation of a passport, the State Department is essentially carrying out the judgment of the courts.

An arrest warrant can only be issued by a court. A parolee is, again, limited under the aegis of a judicial order. An extradition request will only be complied if a foreign court is making the request, not a foreign law enforcement agency. A court-ordered child support payment is, again, a judicial decision.

In all of these cases, the State Department is acting on the orders of a court. It is the Judiciary that decides to restrict the freedom of movement and travel of a U.S. citizen—as is their exclusive prerogative.

According to the Constitution, the Legislature does not have the right to judge the guilt or innocence of a person, be they a citizen or not. According to the Constitution, the Executive does not have the right to judge the guilt or innocence of a person, be they a citizen or not.

According to the Constitution’s separation of powers, only the Judiciary has the right to determine guilt or innocence.

Thus, ultimately, only the Judiciary has the right to revoke or deny a citizen’s ability to travel—and only for serious crimes.

But with this Bill 1813, it will now be the IRS—without any judicial oversight—which will determine if a citizen can travel or not. Not even the IRS as an institution—just some random IRS bureaucrat, with no oversight or restraint, will be able to decide to strip you of your right to travel freely.

As written, Bill 1813 states that the IRS must find that $50,000 or more is owed by the citizen—but this is a unilateral determination by the IRS, and it includes penalties and interest. So the alleged amount that you owe could be substantially less—but you are now no longer allowed to travel.

Notice I say “alleged”: It is not that the IRS has to present proof of tax delinquency to anyone—they just have to say that you owe back taxes. No proof required, no judicial oversight or restraint.

In other words, the IRS’s word is enough—and you do not have the possibility of appeal. Who would you appeal to—a judge? There’s no judge in this case—because no judge supervises and monitors the IRS’s decision.

That’s why Madison invented the idea of checks-and-balances: To make sure that no one branch of the government acquired the power to deprive people of their life, liberty or property.

But here is Senate Bill 1813, doing precisely that.

Commentators on tax law are very surprised by this legislation. Over at the blog of R&G Brenner, a large and well-established New York tax preparation company, they wrote:

[I]f the bill is passed you could have your passport revoked merely because you owe say $60,000 and the IRS has filed a notice of lien. Bear in mind that the IRS files tax liens routinely when you owe taxes–it’s just the IRS way of putting creditors on notice so the IRS will eventually get paid… In that sense, this you-can’t-travel idea seems pretty extreme. [ellipsis in original] So even knowledgeable people are surprised by how extreme this legislation is—

—because it is extreme. But more importantly, it is yet another example of how the Executive Branch is hollowing out the Judiciary, and taking control of all facets of justice.

We already have an Executive that has taken it upon itself to determine the guilt or innocence of an American citizen overseas—and execute him by drone strike. We already have an Executive—in the person of Attorney General Eric Holder—who has made the incredible distinction between “judicial process” and “due process”, claiming that the Executive can carry out due process without involving the Judiciary.

In other words, summary judgments. The Executive is becoming the judge, jury and executioner. Judgements by the Executive where there is no right to appeal. Judgments made not by a jury of your peers, but by a faceless bureaucrat.

This Senate bill 1813 will in all likelihood pass the House vote, and be signed into law by President Obama. Few people will notice it now, and when the history of this shameful period is written it will not be given much pride of place: Senate bill 1813 will simply be mentioned as one more law that was passed that turned the United States from a free Republic into a closed Police-State.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: centralsocialistgovt; irs; usoftitanica
Remember who is voting for this, and they lie every time they take their oath of orifice...remember this every time GSA and Solendra squander tax dollars...but more importantly, remember that the IRS is a collection agency of the non elected and totally foreign owned federal reserve who owns 60% of our debt and anything else we might want to call our own. They have a vested interest in who stays and who goes. And remember if they can't get you then they'll get your posterity...welcome back to the plantation.
1 posted on 04/17/2012 11:22:41 AM PDT by IbJensen
[ Post Reply | Private Reply | View Replies]

Still think you are free?


2 posted on 04/17/2012 11:28:13 AM PDT by Michael Barnes (Obamaa+ Downgrade)
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen

3 posted on 04/17/2012 11:30:58 AM PDT by Razzz42
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen

It starting to look like a very wise idea to obtain dual-citizenship. Which is suprisingly easy in most EU contries if you can document that one of your parents or grandparents held citizenship there and not terrible difficult even if you can’t (there are entire websites devoted to the topic). Even if the IRS revokes your US passport, you are still free to obtain and travel on a passport from the country you have dual-citizenship in.


4 posted on 04/17/2012 11:31:43 AM PDT by apillar
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen; Michael Barnes; Razzz42; apillar; Quix; TEXOKIE

“Senator Barbara Boxer’s MAP-21 Moving Ahead for Progress in the 21st Century Act (http://epw.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=20f89548-8b2e-4498-89f7-c9f4ff22484f) is headed to the House after clearing the Senate last month. Boxer’s bill allows the federal government to revoke the passports of citizens the IRS claims owe taxes..”
The title of the bill is deceiving THIS IS AGENDA 21
People are concerned about losing their passports –and they should recognize this as tyranny because it is.

What the bill is really about – it is more than just a sign of tyranny, it is about loss of ALL FREEDOM – being confined to cities.

This bill has everything they need to confine us to the cities. This bill and the recent EO about infrastructure (http://en.wikisource.org/wiki/Executive_Order_13604)
and the previous one dated March 15 about cities
(http://theintelhub.com/2012/03/21/obama-executive-order-the-takeover-of-municipalities-drowning-in-debt/)

The bill provides the funding while the Executive Orders gives instructions for implementation. See below a summary of the bill and funding “opportunities”.

The summary below has some links near the bottom of various summaries where I found the 18 page Georgetown document.

It appears they have identified this as a way to FUND the cost of the transportation bill along with a few OTHER things (Medicare & IRA accounts mentioned) – see below.

• increase penalties for tax delinquency by authorizing the revocation or denial of passports in case of certain unpaid taxes or tax delinquencies, resulting in approximately $743 million (over 10 years);

Summary of Senate Transportation Bill, MAP-21
http://www.transportationissuesdaily.com/summary-of-senate-transportation-bill-map-21/

Here’s a rough summary of the Senate’s two year, $109 billion transportation bill known as MAP-21 (Moving Ahead for Progress in the 21st Century). Following the summary are links to analysis by various groups.
• Funded in part with a general fund transfer totaling about $10 billion
• Funds transportation basically at current levels plus inflation
• Guarantees states a 95% rate of return of their estimated payments into the highway trust fund
• Distribute most funds by formula, based on SAFETEA-LU amounts rather than lane miles and other factors
• Expands the financing program Transportation Infrastructure Finance and Innovation Act (TIFIA) funding from $122 million to $1 billion per year
• Excludes privatized highways from in calculating a state’s federal funding
• Eliminates earmarks
• Preserves dedicated funding for transit
• Makes bike-ped project spending eligible but no longer mandatory
• Creates performance measures for safety, road conditions, and overall system performance that states would have to make progress towards or risk losing some of their funding
• Consolidate some core highway programs
• Streamlines the NEPA (environmental review) process
• Establishes new requirements for highway and bridge expenditures, and also for bridge inspection
• Continues ban on commercializing interstate rest stops
• Continues the Projects of National & Regional Significance competitive grant program for mega-projects
• Provides $75 million for competitive bus and bus facilities “State of Good Repair” projects
• Requires USDOT to develop a national rail plan and regional rail plans
• Establishes a competitive grant program for ITS projects
• Increases the population threshold for MPOs to 200,000 (currently 50,000) but existing MPOs under 200,000 can continue for three years after the new regulations are issued

The Georgetown Climate Center provides an excellent 18-page section-by-section summary.
http://www.georgetownclimate.org/sites/default/files/GCC%20MAP21%20Summary%5B1%5D.pdf

The Midwest High Speed Rail Association summarizes the rail provisions.
http://www.midwesthsr.org/MAP21

The Safe Routes To Schools folks discuss the implications for bike-ped funding and the importance of MPOs in securing such funding: “What Would MAP-21 Mean for MPOs?”
http://www.saferoutespartnership.org/node/809/

Toll Road News summarizes the tolling provisions.
http://www.tollroadsnews.com/node/5815

InfrastructureUSA runs a commentary that analyzes the fiscal implications of the bill.
http://www.infrastructureusa.org/the-fiscal-implications-of-the-senate-highway-bill-s-1813-part-ii/

From the link in the Summary…..
The Georgetown Climate Center provides an excellent 18-page section-by-section summary.
Page 16
http://www.georgetownclimate.org/sites/default/files/GCC%20MAP21%20Summary%5B1%5D.pdf

Title III-–Revenue Provisions
This title provides the $10.5 billion needed to fill the gap between the $109 billion total authorization and $97.5 billion available from the HTF. The bill would”
• authorize $3 billion to be transferred from the leaking underground storage tank trust fund (LUST) to the HTF immediately, as well as $683 million of future LUST fund revenues (over 10 years);
• provide for a transfer of $698 million (over 10 years) from the gas guzzler tax from the general fund to the HTF;
• increase penalties for tax delinquency by authorizing the revocation or denial of passports in case of certain unpaid taxes or tax delinquencies, resulting in approximately $743 million (over 10 years);
• prohibit the claiming of cellulosic biofuels credit for certain unprocessed fuels, resulting in approximately $1.6 billion (over 10 years);
• allow the Treasury to levy up to 100 percent of the payment to a Medicare provider to collect unpaid taxes, resulting in approximately $841 million (over 10 years);
• allow the transfer of future import tariffs on automotive products, resulting in $4.52 billion from FY2012-2016;
• change the tax treatment of securities of a controlled corporation that are exchanged for assets as part of certain types of corporate reorganizations, resulting in $244 million (over 10 years);
• enable the internal revenue service to levy a federal employee’s thrift savings account to satisfy tax liabilities, resulting in approximately $25 million (over 10 years); and
• change the treatment of individual retirement account distributions after death, resulting in $4.648 billion from FY 2014 - FY 2022.


5 posted on 04/17/2012 11:37:58 AM PDT by Whenifhow
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen

Tell me how the Republicans in the House & Senate will stop Obama if he wins again?


6 posted on 04/17/2012 11:51:58 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen

This has been the case for who knows how long if you have child support court orders levied against you.

You are a prisoner in the USSA until your youngest child attains the age of 18. Feminists love this. No passports for deadbeats.

Time for this republic to reset.


7 posted on 04/17/2012 11:52:39 AM PDT by George from New England
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen

They’re more worried about people sneaking OUT of the country than sneaking in to the country........sounds like East Berlin of the 1960’s.........


8 posted on 04/17/2012 11:55:29 AM PDT by Red Badger (Think logically. Act normally.................)
[ Post Reply | Private Reply | To 1 | View Replies]

To: IbJensen
You don't pay your healthcare TAX? You are denied travel.

Enjoy ObamaLand.

9 posted on 04/17/2012 11:57:47 AM PDT by SoFloFreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: SoFloFreeper

Slavery is what he intends. Payback if you will.

F U B O !!!!


10 posted on 04/17/2012 12:05:18 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: SoFloFreeper

Yep. So you think you just want to go ahead and pay the penalty, rather than pay the ObamaCare premium? There goes your passport!


11 posted on 04/17/2012 12:19:57 PM PDT by LaRueLaDue
[ Post Reply | Private Reply | To 9 | View Replies]

To: stephenjohnbanker

Investigation, Subpoenas, Impeachment. Force the constitutional crisis.


12 posted on 04/17/2012 12:23:34 PM PDT by ichabod1 (Cheney/Rumsfeld 2012)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Red Badger

“Papers Please!”


13 posted on 04/17/2012 12:25:20 PM PDT by HeartlandOfAmerica ("We have prepared for the unbeliever, whips and chains and blazing fires!" Koran Sura 76:4)
[ Post Reply | Private Reply | To 8 | View Replies]

To: HeartlandOfAmerica
Or in Russian, the IRS' native language,

Bumaga, Spaciba! (or an unreasonable facsimile thereof :) )

14 posted on 04/17/2012 12:28:01 PM PDT by HeartlandOfAmerica ("We have prepared for the unbeliever, whips and chains and blazing fires!" Koran Sura 76:4)
[ Post Reply | Private Reply | To 13 | View Replies]

To: IbJensen

But you can rack up penalties from the IRS even if your tax obligations are paid in full. Filing the forms late, but paying all your taxes on time, can accumulate thousands in penalties for companies owned by multiple partners.


15 posted on 04/17/2012 12:37:37 PM PDT by justa-hairyape
[ Post Reply | Private Reply | To 1 | View Replies]

To: stephenjohnbanker
“Tell me how the Republicans in the House & Senate will stop Obama if he wins again?”

They will do nothing.

The man is insane, he will endeavor to be reelected by hook or crook, in his mind there are no stops to pull out. He could careless about the Declaration of Independence, the Constitution, the Bill of Right, the will of the people or the Congress, of either party, save perhaps the black caucus, who are all in anyway.

Witness the endless investigations by the Congress, they never come to a conclusion, F&F, Solyndra, and others.

This nation is in big trouble, hanging by a thread.

16 posted on 04/17/2012 12:42:20 PM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
[ Post Reply | Private Reply | To 6 | View Replies]

To: PoloSec

” They will do nothing.”

Correct.This nation is in big trouble, hanging by a thread.”

Most dangerous time in American history.


17 posted on 04/17/2012 12:47:14 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Red Badger
They’re more worried about people sneaking OUT of the country than sneaking in to the country........sounds like East Berlin of the 1960’s.........

I always wondered why DHS was busy spending money on fences and border control systems on the Canadian border, but not the Mexican border. Now we know - people leaving the USA will be heading for Canada, not Mexico.

18 posted on 04/17/2012 12:49:39 PM PDT by freeandfreezing
[ Post Reply | Private Reply | To 8 | View Replies]

To: stephenjohnbanker

And they have the votes to impeach right now but the weimar congress does nothing. I do believe that the first republic of the usa is done for — the system going on up there is unsustainable, and the government has no sufficient means to repair itself. hail caesar.


19 posted on 04/17/2012 1:33:35 PM PDT by ichabod1 (Cheney/Rumsfeld 2012)
[ Post Reply | Private Reply | To 17 | View Replies]

To: ichabod1

Sadly, I agree.


20 posted on 04/17/2012 1:50:22 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: apillar
It starting to look like a very wise idea to obtain dual-citizenship.

You do realize that there is no such thing as dual citizenship with another country, if you are a US citizen?

Part of the naturalizing oath a new citizen takes is "renouncing all others".

This is why Obama's foreign parentage is such a big deal. He still has Indonesian citizenship through his stepfather. With that intact, he could in good faith take the oath to be naturalized a US citizen. So I conclude he is a foreign enemy.

21 posted on 04/17/2012 2:12:14 PM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Whenifhow

If you want to be on or off the Agenda 21 ping list, please notify me by Freepmail. It is a relatively low volume list in which we have been exploring the UN Agenda21 and related topics. We have collected our studies with threads, links, and discussions on the Agenda 21 thread which can be found here:

http://www.freerepublic.com/focus/f-news/2738418/posts

NEW ACTION THREAD:
http://www.freerepublic.com/focus/f-news/2861644/posts


22 posted on 04/19/2012 12:27:35 PM PDT by TEXOKIE
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson