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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience:  Retired (mostly)
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Hi Socrateaser Please cover the following subjects and provide

Resolved Question:

Hi Socrateaser

Please cover the following subjects and provide law cases:

1) Equal Justice or application of the law as guaranteed by the constitution. (Collection of Taxes)

2) Separation of powers of the three branches of government. I believe the IRS has overstepped its authority in saying they believe the billed amount is false and the health care providers never expected to collect the amount, so no taxes are due.

3) Good case establishing GAAP, Generally Accepted Accounting Procedures as a legal requirement.

In the exhibits I gave the Court is an article I wrote for an important publication, unfortunately the article may come out after the Court makes it motion on my case.
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
This will require some time. I'm going to be out and about most of today, so I may not be able to answer until tomorrow.

Thanks for your patience.
Customer: replied 1 year ago.


Very Good. If you can send me your email I would like to send you my article. XXXXX@XXXXXX.XXX


 


Roy

Expert:  socrateaser replied 1 year ago.
No external email permitted. Please upload whatever you want to show me, to www.mediafire.com, and then provide a link in your next reply.
Customer: replied 1 year ago.


I sent you a copy viaXXX@XXXXXX.XXX.


 


Chat with you on Monday. I am not in district court I am in Tax Court.

Expert:  socrateaser replied 1 year ago.
Please cover the following subjects and provide law cases:

1) Equal Justice or application of the law as guaranteed by the constitution. (Collection of Taxes)

A: See this link. The author's credentials are formidable, and his explanation of the subject matter is unusually succinct. There's no point in my reinventing the wheel.

2) Separation of powers of the three branches of government. I believe the IRS has overstepped its authority in saying they believe the billed amount is false and the health care providers never expected to collect the amount, so no taxes are due.

A: In SKINNER v. MID-AMERICA PIPELINE CO., 490 U.S. 212 (1989), the U.S. Supreme Court, in a unanimous opinion, effectively provided that Congress may delegate its taxing authority to the Executive Branch. The court Syllabus, Section (b) summarizes as follows:

  • Even if the user fees are a form of taxation, neither the Constitution nor congressional practices require the application of a different and stricter nondelegation doctrine in cases where Congress delegates discretionary authority to the Executive under its taxing power. There is nothing in the placement of the Taxing Clause - first in place among the powers of Congress enumerated in Art. I, 8, of the Constitution - that would distinguish the power to tax from other enumerated powers in terms of the scope and degree of authority that Congress may delegate to the Executive Branch to execute the laws. Moreover, the Origination Clause - which requires that all revenue bills originate in the House of Representatives - implies nothing about the scope of Congress' power to delegate discretionary authority under its taxing power once a bill has been properly enacted. Even when enacting tax legislation with remarkable specificity, as it has done in the Internal Revenue Code, Congress has delegated the authority to prescribe, and to determine the retroactivity of, rules and regulations for enforcement of the Code. Congress relies on administrators and the courts to implement the legislative will since it cannot be expected to anticipate every conceivable problem that can arise or carry out day-to-day oversight.

3) Good case establishing GAAP, Generally Accepted Accounting Procedures as a legal requirement.

A: "Compliance with GAAP will ordinarily "pass muster for tax purposes," though it does not create a presumption of validity." DAYTON HUDSON CORP. AND SUBSIDIARIES v. CIR, 153 F. 3d 660 (U.S. 8th Cir. 1998) citing Thor Power Tool, 439 U.S. at 540, 99 S.Ct. 773.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience: Retired (mostly)
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