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Obamacare Waivers ? How can "Taxes" be waived by HHS and friends ?
Newsvine.com ^ | 6.28.12 | Jay Tee

Posted on 06/29/2012 1:39:20 PM PDT by tflabo

If the MANDATE in Obamacare only survives as a Tax, as ruled by the Supreme Court, how can anyone Waive Taxes with Obamacare Waivers ?

This and other questions still need to be answered, because we have Videos of Obama saying "This is not a Tax". ...

(Excerpt) Read more at jaytee3231157.newsvine.com ...


TOPICS: Government
KEYWORDS: hhs; taxes; taxwaivers; waivers
Excellent question. Does Obama even have Constitutional powers to rescind taxes as waivers? Isn't that only limited to Congress if ObamaCare is deemed a tax?
1 posted on 06/29/2012 1:39:27 PM PDT by tflabo
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To: tflabo

They’ll continue to refer to it as a penalty.

And dare Congress to stop them.


2 posted on 06/29/2012 1:41:32 PM PDT by Bratch
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To: tflabo; AuH2ORepublican

No he doesn’t.


3 posted on 06/29/2012 1:42:08 PM PDT by Perdogg
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To: tflabo

If it’s a tax it must be collected as required by the Constitution and the law.

However neither get in the way of this administration so why would it stop them now?

We can run to the courts but we likely don’t have standing until the “tax” is collected. Plus I have lost all faith in our nations court system.


4 posted on 06/29/2012 1:42:33 PM PDT by cableguymn
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To: tflabo

When ruled by a Dictator/King only HIS wishes count. The peasantry/proletariat can go to hell along with the laws they thought they rode in on.


5 posted on 06/29/2012 1:44:08 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: tflabo

Stop asking such silly questions.


6 posted on 06/29/2012 1:44:36 PM PDT by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
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To: tflabo

It’s not a tax.

It’s a Bill of Attainder.


7 posted on 06/29/2012 1:44:54 PM PDT by Jim Noble (Anna Wintour makes Teresa Heinz Kerry look like Dolly Parton.)
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To: Perdogg
"No he doesn’t."

Which, as far as I can tell, won't stop him from doing whatever he wants, while the GOP sits on its thumbs.

8 posted on 06/29/2012 1:46:43 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Perdogg; tflabo
"No he doesn’t."

Actually in practice, they do it all the time now, don't they? I'm thinking of:


9 posted on 06/29/2012 1:47:04 PM PDT by DannyTN
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To: tflabo

The same way tax dodging Democrats just say oops it was an accident or that darn tax software messed up and get away with it......The Media will only “expose” the Republicans or people they disagree with who fail to pay taxes.


10 posted on 06/29/2012 1:47:46 PM PDT by jakerobins
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To: Bratch

Double edged sword. If it’s a tax, then it violates due process. If it’s a penalty, then it violates the basic rules of contracts. This is far from over.


11 posted on 06/29/2012 1:48:00 PM PDT by SpaceBar
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To: tflabo

I thought the waivers applied to the coverage amounts for employees, not the tax if an individual chooses not to carry insurance. Am I missing something?


12 posted on 06/29/2012 1:48:54 PM PDT by Raebie (WS)
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To: Don Corleone
"When ruled by a Dictator/King only HIS wishes count. The peasantry/proletariat can go to hell along with the laws they thought they rode in on."

Yes, he has more and bigger guns. He can dispense favors and penalties as he wishes. I bet any challenge to the waivers will go no where in the courts and will grind on for years, regardless. We must turn this devil out of office in November, assuming the peoples' vote still counts. That is somewhat in doubt because of Obama's mass legitimization of illegals and the plans for vote fraud on a never seen before scale. This November is for all the marbles.

13 posted on 06/29/2012 1:50:31 PM PDT by Truth29
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To: tflabo

Liberals have yet to realize that the mandate is out the window, and probably, the entire law as it never originated in the House. That said, there’s a zillion things left to litigate involving this monstrosity of a bill. Perhaps, though, we’ll be saved some of this by the House Republicans actually getting off their duffs and shutting down government until this tax bill is destroyed.


14 posted on 06/29/2012 1:51:13 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: tflabo

Tax or not, he never had waiver power anyway. I’d bet if Romney is elected and tries his “waivers to all 50 states” the dems will file suit.


15 posted on 06/29/2012 1:53:49 PM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: cableguymn; All

From another article may 2011.... see link below...

“If Congress cannot give the president a power to suspend part of a law, how can Congress give the president a power to dispense with part of it for only some Americans — a power that would be much more dangerous”?

http://www.westernfreepress.com/2011/03/11/do-obamacare-waivers-violate-equal-protection/


16 posted on 06/29/2012 1:55:03 PM PDT by tflabo (Truth or tyranny)
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To: Da Bilge Troll

Yeah, like the Rats want this to go before the USSC a second time, with new arguments about the “tax”?


17 posted on 06/29/2012 1:55:24 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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To: tflabo

Demon Rats do not want to throw stones in this glass house, unless they want to brown off all their special friends they have already waived the monster for.


18 posted on 06/29/2012 1:56:38 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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To: tflabo

Don’t worry, once those “taxes” are levied the lawsuits will be flying.


19 posted on 06/29/2012 1:56:38 PM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: tflabo

How can an illegal alien from Kenya be the de facto president?


20 posted on 06/29/2012 1:57:21 PM PDT by 2ndDivisionVet (In honor of my late father, GunnerySgt/Commo Chief, USMC 1943-65)
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To: tflabo

Ask John Roberts. He makes up laws as he goes anyway!


21 posted on 06/29/2012 1:58:06 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: tflabo

I am posting this on all threads that question the events that just happened:

Trust the Lord but work like the dickens to get the liberals out of power. Stop complaining because it does no good. Find solace that this is a Christian nation and He will work out the details. Trust in the Lord!


22 posted on 06/29/2012 1:58:15 PM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: tflabo

45% of the population already pay no income tax.

file that one under the “fairness” of the progressive tax code. (no waiver needed)


23 posted on 06/29/2012 2:00:44 PM PDT by TurboZamboni (Looting the future to bribe the present)
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To: tflabo

Simple. The administration is now saying its not a tax, it’s a penalty. Now that they have their law they can call it any damned thing they please. Capice?


24 posted on 06/29/2012 2:00:44 PM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: tflabo
“If Congress cannot give the president a power to suspend part of a law....
Umm, the President has shown he's perfectly willing to suspend/ignore part of a law without Congressional approval (See: Arizona).

Do you really think he'll give two hoots and a holler about what anyone thinks about waivers?

25 posted on 06/29/2012 2:04:03 PM PDT by Bratch
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To: tflabo
It's NOT a tax, Sir 0bama told us so back in '10.

It's a mandate to donate or go to prison citation.

I wish you people would quit trying to nail Sr 0bama for being misleading when all he is is a lying sack of pig dung.

26 posted on 06/29/2012 2:04:33 PM PDT by EGPWS (Trust in God, question everyone else)
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To: saganite
Now that they have their law they can call it any damned thing they please. Capice?

It's a Michelle 0bama plain and simple!

27 posted on 06/29/2012 2:07:18 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Jim from C-Town

“Ask John Roberts. He makes up laws as he goes anyway!”

I never thought that anyone could sink lower than emanations and penumbras but Roberts has done it. If only he could be kicked off the court and stripped of his citezenship and sent packing.


28 posted on 06/29/2012 2:07:45 PM PDT by TalBlack ( Evil doesn't have a day job.)
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To: saganite; All

Look sag—I get your point and the rest of the FReeps that its uber arrogance on Dear Leader and cronies. Subtract that just for now— I may be wrong but the President only has powers to raise or cut taxes done through congress. So Boy Bam the Sham has no constitutional authority to give waivers since that would be interfering with tax collections without the consent of congress even though they call it a penalty. My head is spinning too!


29 posted on 06/29/2012 2:09:00 PM PDT by tflabo (Truth or tyranny)
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To: tflabo
If the MANDATE in Obamacare only survives as a Tax, as ruled by the Supreme Court, how can anyone Waive Taxes with Obamacare Waivers ?

There have been no taxes levied as of yet.

30 posted on 06/29/2012 2:14:46 PM PDT by Mike Darancette (Democrats are the problem. Vote them out, all of them.)
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To: tflabo

Those subject to the tax should file a class action suit as denied equal protection under the law.


31 posted on 06/29/2012 2:15:29 PM PDT by AU72
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To: tflabo

While I agree where are you going to take that argument. To the courts? The only remedy for this fiasco now lies in throwing the Dems out of power and repealing Obama care. That’s what everyone needs to focus on now.


32 posted on 06/29/2012 2:19:07 PM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: kingu
"Liberals have yet to realize that the mandate is out the window, and probably, the entire law as it never originated in the House. That said, there’s a zillion things left to litigate involving this monstrosity of a bill. Perhaps, though, we’ll be saved some of this by the House Republicans actually getting off their duffs and shutting down government until this tax bill is destroyed."

Unfortunately legally (not that that matters), the bill did originate in the House. Reid used the strategy of taking a House bill, stripping out its contents making it a shell bill and then putting Obamacare into the bill. This is a circumvention, but it has been done before and has precedent.

33 posted on 06/29/2012 2:20:30 PM PDT by Truth29
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To: tflabo
If Obama can refuse to enforce immigration laws, I think the next Republican president should lower the tax rate to 20 percent. He can just create his own form, say "send in your 20 percent" and then if you do, he won't prosecute you for not paying the amount set by existing law.

We have entered a truly lawless phase of history.

34 posted on 06/29/2012 2:24:07 PM PDT by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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To: saganite

Yep-— the mission is clear. Dump the Dems en masse come November and gay Boy Blunder! Scrooge the black robed tyrants unfaithful to the US Constitution! Their legacy is a smeared one for all of eternity.


35 posted on 06/29/2012 2:30:15 PM PDT by tflabo (Truth or tyranny)
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To: tflabo

36 posted on 06/29/2012 2:39:11 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: tflabo

I brought this point up in a thread yesterday:

How can a regulatory agency (HHS) grant waivers to a “tax” imposed by Congress (to follow the SCOTUS interpretation)?

The exemptions require immediate challenge. Could the Dept. of Agriculture begin granting waivers to personal income tax? Could the EPA begin granting waivers to capital gains taxes? If the mandate is in fact a tax, how can a gov’t agency grant waivers to said tax? Not even the IRS can do so - an act of Congress is required.

........For once, I was ahead on something!


37 posted on 06/29/2012 2:51:52 PM PDT by RobertClark (Be prepared, be polite, be professional and have a plan to kill everyone you meet.)
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To: tflabo

Same way we have an ineligible POTUS. Same way the SCOTUS can rewrite cases and ignore the Constitution. Same way Congress can not do their sworn duty.


38 posted on 06/29/2012 3:19:57 PM PDT by bgill
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To: DannyTN
Two things:

1. I suspect a negotiation over back taxes is somewhat different than one over interest and penalties, from a purely legal perspective.

2. I may be wrong about this, but my understanding is that these negotiations with the IRS over unpaid income taxes only involve individuals, not those filing corporate returns. This is an important distinction because any reduction in tax liability that the IRS negotiates is really predicated on a realistic assessment that it's pointless to hold a person responsible for a massive tax liability if there isn't a chance in hell that they'll ever pay it. A corporation, on the other hand, can be liquidated and its assets sold to pay a tax lien.

39 posted on 06/29/2012 4:14:10 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: tflabo

Cable Guy MN

Thanks for the Link.....I heard about it, I then asked the Question on Newsvine (JayTee) and it looks like FreeRepublic gets the answers....LOL


40 posted on 07/01/2012 1:09:51 PM PDT by 4Speed
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To: saganite

I just saw that White House word smithing the “Penalty”....I don’t think that will last long...it’s a last gasp from a “Lame DUCK WALKING”.....LOL


41 posted on 07/01/2012 1:20:29 PM PDT by 4Speed
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To: RobertClark

Robert Clark....asks questions also..
How can a regulatory agency (HHS) grant waivers to a “tax” imposed by Congress (to follow the SCOTUS interpretation)?

The exemptions require immediate challenge. Could the Dept. of Agriculture begin granting waivers to personal income tax? Could the EPA begin granting waivers to capital gains taxes? If the mandate is in fact a tax, how can a gov’t agency grant waivers to said tax? Not even the IRS can do so - an act of Congress is required.


This means the End of Obamacare...it’ll never get off the ground...or out of the Courts before .....
before.....
Uh....before....My Cousin Vinnie gives me a Waiver for a Faivor.


42 posted on 07/01/2012 1:25:34 PM PDT by 4Speed
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