Law in Contemporary Society

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AffordableCareAct 14 - 25 Jan 2012 - Main.RohanGrey
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Discussion of statutes begins always with the statutory language. Much water has been flowed under the bridge below before Arlene even mentions the
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 -- ArleneOrtizLeytte - 25 Jan 2012
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<		It would seem that the distinction between the subsequent "penalty" and the initial "tax" as used in 26(F)68(B)(1) Section 6671 and 26(F)68(B)(1) Section 6672 is that the penalty carries the option of being supplemented by additional penalties above the original amount as determined by the particular piece of legislation that authorized it - which in itself is i guess a form of "non-compliance" tax. Taft's attempt to associate "penalties" with executive regulation power (as opposed to legislative taxation power) seems counter to the actual examples of penalties as described in that part of the tax code - all of them lay out specific rules and amounts for determining what penalties to impose, rather than leaving it to regulatory discretion (with a few exceptions for possible waivers). This might be an attempt to ensure that the "penalties" are dispersed uniformly as articulated by the Constitution, which would go towards the case that it is merely another form of tax.
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>		It would seem that the distinction between the subsequent "penalty" and the initial "tax" as used in 26(F)68(B)(1) Section 6671 and 26(F)68(B)(1) Section 6672 is that the penalty carries the option of being supplemented by additional liabilities above the originally determined tax liability as determined by the particular piece of legislation that authorized the particular penalty - which in itself is i guess a form of "non-compliance" tax. Taft's attempt to associate "penalties" with executive regulation power (as opposed to legislative taxation power) seems counter to the actual examples of penalties as described in that part of the tax code - all of them lay out specific rules and amounts for determining what penalties to impose, rather than leaving it to regulatory discretion (with a few exceptions for possible waivers). This might be an attempt to ensure that the "penalties" are dispersed uniformly as articulated by the Constitution, which would go towards the case that it is merely another form of tax.
 -- RohanGrey - 25 Jan 2012

Revision 14r14 - 25 Jan 2012 - 20:42:03 - RohanGrey
Revision 13r13 - 25 Jan 2012 - 20:33:34 - RyanBingham
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