American Elephants

Illegal IRS Rules Are Slapped Down by D.C. District Court by The Elephant's Child

“The IRS may not unilaterally expand its authority through such an expansive, atextual and ahistorical reading of the law.” The Court of Appeal for the District of Columbia Circuit used these words in a February 11 ruling that struck down an Obama administration regulation on tax preparers.

In the same week, President Obama illegally delayed the employer mandate and out of thin air created a bizarre loyalty oath to administer to companies suffering from ObamaCare, a federal court unanimously smacked down his IRS for executive overreach.

Federal judges should use this phrase as a guideline and include it in future  rulings, replacing “IRS” with “Health and Human Services” or “the President of the United States,” as the case in question requires.

The background: In 2009, Obama named former H&R Block CEO Mark Ernst as deputy IRS commissioner. He led the devising of new regulations for tax preparers. The new rules required paid tax preparers to be licensed,  pay fees and undergo federally approved training every year. No big deal for the big Tax preparer outfits or those who did it full time, but it would drive out of business the Mom and Pop tax preparers who hang out a shingle once a year and make a few thousand helping people with their taxes.

There’s a federal law that Obama appointees were barred from participating in any matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.So Obama hired Ernst as a “civil servant” rather than as a political appointee. But Congress never gave the IRS any authority to regulate tax preparers — none. The administration dealt with that by pretending that federal law says something that it doesn’t. Didn’t work. The IRS can regulate tax attorneys, accountants or agents who represent taxpayers in battles with the IRS over audits, tax-court cases and appeals. Helping to prepare a tax return is not practice before the IRS.

Much of Obama’s recent actions in revising laws to fit his agenda seem to be much more related to Alinsky’s Rules for Radicals than to whatever he learned or didn’t learn in law school.

Was Obama rewriting the rules for the employer mandate politically motivated? Is it possible that people who get their health insurance at work will be upset when they find they are losing their policies, or losing their doctors, or having the cost of their health insurance skyrocket? Is it possible that the rules will cause employers to let people go?

If medium-sized employers fire workers to get under the threshold for being required to offer insurance, these firms are now required to certify to the IRS, under penalty of perjury that ObamaCare is not a factor in the firings. ” To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs.


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