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U.S. Supreme Court gives taxpayers more power to fight IRS summons (9-0)
OAN ^ | June 19, 2014 | Patrick Temple - Reporting

Posted on 06/24/2014 6:37:09 AM PDT by Enterprise

The U.S. Supreme Court on Thursday ruled unanimously that taxpayers have a right to challenge an Internal Revenue Service summons enforcement action in court when they can show the tax agency might have issued the summons in bad faith.

The tax-collecting IRS argued taxpayers already have opportunities to challenge a summons, but the nine justices ruled in favor of a Florida man who demanded an evidentiary hearing about the motives of IRS officials for issuing a summons.

(Excerpt) Read more at oann.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: agents; audits; challenge; taxes
The U.S. Supreme Court on Thursday ruled unanimously that taxpayers have a right to challenge an Internal Revenue Service summons enforcement action in court when they can show the tax agency might have issued the summons in bad faith.

The tax-collecting IRS argued taxpayers already have opportunities to challenge a summons, but the nine justices ruled in favor of a Florida man who demanded an evidentiary hearing about the motives of IRS officials for issuing a summons.

Michael Clarke of West Palm Beach said the IRS issued a summons as retribution against him and his business partners for resisting an audit.

In a nine-page opinion written by Justice Elena Kagan, the Supreme Court said: “A taxpayer has a right to conduct an examination of IRS officials regarding their reasons for issuing a summons when he points to specific facts or circumstances plausibly raising an inference of bad faith.”

The case is United States v Clarke et al, U.S. Supreme Court, No. 13-301

1 posted on 06/24/2014 6:37:09 AM PDT by Enterprise
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To: Enterprise

Actually, I think a citizen should be automatically offered the option of trial by combat with any person in the IRS that spews forth any edict, ruling, demand, or forcing action upon a taxpayer.

The choice of weapons being the option of the aggrieved taxpayer. And no substitutions of offending IRS persons allowed.


2 posted on 06/24/2014 6:41:00 AM PDT by Gaffer
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To: Enterprise

And of course now the IRS will efface themselves and be more considerate of the taxpayer.


3 posted on 06/24/2014 6:42:18 AM PDT by lurk
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To: Gaffer
"The choice of weapons being the option of the aggrieved taxpayer. And no substitutions of offending IRS persons allowed."

The hiring policies of the IRS would change dramatically.

4 posted on 06/24/2014 6:43:05 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise

The IRS will ignore this ruling. They are above the law.


5 posted on 06/24/2014 6:43:35 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: lurk
I expect a new PSA from the IRS.

"We like you. We really really like you."

6 posted on 06/24/2014 6:44:22 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Gaffer

I agree totally. America is living under a dictatorship at the present and we must take their power away. Government employees and the Executive Branch are destroying America and our way of life. Government employees steal from us,dictate and a lot of them do not pay their taxes.It is time for America to awaken or roll over and play dead. Enough is enough!


7 posted on 06/24/2014 6:47:06 AM PDT by El Zoro
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To: Enterprise

Just abolish it and the life sucking income tax.

If the Left is worried about monopoly power then they need to encourage competition, not tax it.

The income tax is nothing but a racket for the Reserve Bank and its owners to collateralize their gambling operation with the earnings of Americans.


8 posted on 06/24/2014 6:51:11 AM PDT by Regulator
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To: Enterprise

Now all you have to do is say your hard drive was damaged.


9 posted on 06/24/2014 6:53:44 AM PDT by <1/1,000,000th%
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To: Enterprise
9 - 0 !....................
10 posted on 06/24/2014 6:59:37 AM PDT by Red Badger (I've posted a total of 2,735 threads and 84,728 replies, as of 06-20-2014)
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To: P-Marlowe
I'm sure the IRS doesn't like this ruling, but they can't ignore it. If a taxpayer wants to challenge an "enforcement action" or a summons because it appears to be "retaliatory," the option of the IRS is to not show up in court.

I am hopeful that this will give conservatives groups a little more ability to stave off unfair audits and other "enforcement actions."

11 posted on 06/24/2014 7:01:37 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Regulator; El Zoro

The ultimate solution is to abolish the IRS.


12 posted on 06/24/2014 7:05:02 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Enterprise; BuckeyeTexan

I’m stunned - - - !


13 posted on 06/24/2014 7:18:20 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: Enterprise

And fewer IRS lawyers would participate in writing those summons.


14 posted on 06/24/2014 7:55:53 AM PDT by Pecos (The Chicago Way: Kill the Constitution, one step at a time.)
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To: Pecos

Most people don’t know that a US Citizen cannot be compelled to come before the IRS. As long as you send your accountant or tax attorney in your stead you never have to go before the IRS.


15 posted on 06/24/2014 8:33:32 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Georgia Girl 2

Most people don’t have a Tax Attorney, and can’t afford one.


16 posted on 06/24/2014 8:53:22 AM PDT by cookcounty (IRS = Internal Revenge Service.)
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To: Graewoulf

A 9-0 decision is unusual. The devil may be in the details. The decision may need to be read to be sure.


17 posted on 06/24/2014 9:41:14 AM PDT by SgtHooper (This is not my tag!)
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To: Enterprise

BTTT!


18 posted on 06/24/2014 9:42:53 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: SgtHooper
A 9-0 decision is unusual.

Not as unusual as you might think. They don't tend to get press, though as they tend to be hyper technical or relatively uncontroversial. Also, they tend to be issues much earlier in the court's calendar.

The devil may be in the details. The decision may need to be read to be sure.

Always a good idea. The supreme court is one of America's most dangerous institutions. It pays to follow their actions closely.

19 posted on 06/24/2014 11:35:59 AM PDT by zeugma (It is time for us to start playing cowboys and muslims for real now.)
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To: Graewoulf; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list

20 posted on 06/24/2014 2:45:57 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: zeugma

Bump.


21 posted on 06/24/2014 2:47:19 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: SgtHooper
The ones that leave my head spinning are the 5-4 decisions where it looks something like: Scalia, Sotomayor, Ginsburg, Kennedy, Roberts v. Alito, Thomas, Breyer, and Kagan.


22 posted on 06/24/2014 2:56:06 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Enterprise; maggief; LucyT; WildHighlander57; Liz

So if everyone who is audited files a challenge the IRS is overwhelmed. Isn’t that how Alinsky works.
Time to reform the entire tax system!


23 posted on 06/24/2014 3:07:04 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: Enterprise; maggief; LucyT; hoosiermama; Liz

Now maybe the tea party groups & others can go after the IRS...

(When is the next IRS hearing?)

Mail/email deluge the congresscritters about it.


24 posted on 06/24/2014 3:28:15 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: WildHighlander57

The House hearings have drawn out highly damaging admissions from Government officials. I have little doubt that lawyers representing Tea Party clients are astonished to see so much come out which is going to be helpful to their lawsuits. Looks like the water is fine and the fishing is going to be really really good!


25 posted on 06/24/2014 3:32:14 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: WildHighlander57

Heads up Just announced that Boehner is suing 0 for e-orders outside of the line of checks/ balance. Keep your eyes out for details


26 posted on 06/24/2014 3:56:34 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: WildHighlander57

Heads up Just announced that Boehner is suing 0 for e-orders outside of the line of checks/ balance. Keep your eyes out for details


27 posted on 06/24/2014 3:56:35 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: hoosiermama

Planning to, or has it already been filed?

Hopefully they hold more than one card in their hand.... and have things ready.


28 posted on 06/24/2014 3:59:30 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Enterprise

Fishing is good.... Lotsa bait ....


29 posted on 06/24/2014 4:00:05 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Enterprise

Gotta reel em in... let em think they’re getting away... and ...

Get the landing net...

CAUGHT! !


30 posted on 06/24/2014 4:01:38 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: WildHighlander57

It was mentioned this afternoon have been looking for more details!


31 posted on 06/24/2014 4:02:34 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: hoosiermama

BUMP!


32 posted on 06/24/2014 4:04:36 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: BuckeyeTexan

That pic is VERY funny !!!!

.


33 posted on 06/24/2014 4:05:10 PM PDT by Mears
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