via Keith Redmond:
It is not about being Republican, Democrat, or unaffiliated, it is about OUR RIGHTS as US citizens living overseas!
“Republicans Overseas Action just filed FATCA/FBAR Complaint and Motion for preliminary injunction against Obama regime and the IRS with eight counts constitutional violations in the U.S. District Court for the Southern District of Ohio at Dayton on behalf of 8.7 million overseas Americans. In addition, we want the federal court to stop Obama’s IRS by immediately issuing a preliminary injunction that will protect Americans overseas from FATCA and FBAR until a trial can be held by the court. Please see ROA Press Release, Ten Detailed Points, and Description of Each Plaintiff below.”
This is SO exciting! And incredibly satisfying for me personally as the suit will be heard in my hometown! Shared with non other than Douglas Shulman…the Gem City’s own favourite son…..Ironically enough, a statement by Mrs. Obama describes our situation very well:
Washington Times
“Rand Paul sues Obama over foreign banking law
FACTA blamed for causing overseas Americans to renounce citizenship
UPDATED: Complaint, Exhibit, Memo, & Motion
D. 1 – Complaint
D.1-1 – Exhbit 1
D.2-1 – PI Memo
D.2 – Motion for PI
“So why didnโt anyone challenge the FBAR penalties before?”
They have been. Circuit courts have uniformly overthrown the 4th amendment, 5th amendment, and US Supreme Court rulings in US v. Sullivan and Garner v. US. The Supreme Court has uniformly allowed the circuit courts to continue doing so.
@Deckard1138
I see you’ve realized Harold’s one of us, but still remains unblocked. Perhaps he’s figured out an angle on how not to get blocked- parody.
@Norman Diamond
Your treatment sounds awful – and very complicated. The IRS lost one of my tax returns, and I was in OVDI! Turned out the agent didn’t look through the box well enough, and it was there all along. Didn’t stop them from accusing us of not sending it in the first place though, and making us go through the expense of couriering another, in the end, IRS incompetence cost us another $10K in legal fees AFTER opting into Streamlined.
I left my own little comment on CTJ’s facebook page. Haven’t logged onto Facebook in a long time, but could not resist today.
And it’s a good one, Marie ๐
…and Herald (who crosses the border from Canada) strikes again: http://www.cleveland.com/rnc-2016/index.ssf/2015/07/rand_paul_campaigns_in_texas_r.html
Thanks, Deckard (I think and pray you’re right!), Marie and others who have joined in. Glad to be in on this now! How many times have I swallowed – hook, line and sinker? My US-sister says: “Oh please, let this not be a representation of what U.S. people are saying!!!”
Special thanks to Herald and the Branch Manager (with something around his neck).
@bubblebustin & don: previous efforts to engage the “Tax Justice” folks in debate have proven futile. They either refuse to let your comments through moderation, or don’t respond when they do. They are devoted to partisanship, not actual justice. The tiger does not change his spots.
http://isaacbrocksociety.ca/2012/05/10/tax-justice-and-tax-compliance/
Herald Gjupta (author of the over-the-top diatribe repeated by Deckard) is definitely one of us! The Citizens for tax Justice Facebook page was immediately removing any and all comments critical of their article in which they condemned the Bopp lawsuit. So herald went overboard in the other direction, as satire and, amazingly, they are taking him seriously and not removing his posts.
Hilarious!!
and now Tim has started talking about FATCAT Dr. Kish with his millions-of-dollars NIH grants….whoa
I see some good comments getting through at https://www.facebook.com/taxjustice — makes me want to see the ones that didn’t.
Here is the first Swiss article that I could find. There is some incomplete/incorrect information in the article (for example Paul is Senator from Kentucky, not Kansas).
There is a link at the bottom of the article to write the author: http://www.letemps.ch/Page/Uuid/0e310df8-2bf3-11e5-8a84-afa5481f305f/La_loi_Fatca_attaqu%C3%A9e_en_justice_par_des_Am%C3%A9ricains_de_l%C3%A9tranger
@Jefferson D Thomas
You might want to contact Nina Brissot at Le Regional, the free newspaper of the Geneva, Lausanne area.
She has written some very pertinent, anti American hegemony articles in her editorials. She may be interested in hearing about the Bopp lawsuit.
n.brissot@leregional.ch
@Jefferson D Tomas That Le Temps article sounds all good even quotes that “FATCA is the worst ever written law.” Then it ends on a nasty note saying that RP predicts he has an almost zero chance of winning. I have not heard that before.
Let’s look at the situation the other way around – the only unified America is one that lives outside of its borders. FATCA has unified American ex-pats politically like no other cause in past or present.
Domestically Americans are in denial and want to avoid this issue be it in the US Congress or most American journalists refusing to write about.
Thank you Mr Obama for unifying us.
@Eric
Maybe the new “parody the homelander” approach is the way to go when the more conventional efforts to educate don’t seem to be working. Comic relief through ridicule is great, but when done skillfully, it could also be used to educate if it helps to point out the ridiculousness of certain attitudes.
While there is a saying in some circles that “all publicity is good publicity” I am nevertheless dismayed by the tone of much of the reporting (such as it is) of the Bopp lawsuit so far. The focus appears to be almost entirely on Rand Paul’s participation with very little, if any, mention of the other plaintiffs in the case. It is in fact these other plaintiffs, including two US military veterans one of whom has renounced his citizenship over this, who bring the “meat and potatoes” to this table.
The media, once again, are seduced by the “famous person” and could care less about the misfortunes of the “rank and file”. Rand Paul is certainly gleaning the lawsuit a bit of attention but it truly isn’t what I’d hoped to see. Maybe the ADCS suit will have better luck attracting some reporters who give a damn and who will not be fanning the ridiculous “fatcat tax-evader” flame.
All of my comments were deleted. I guess I was not very smooth in my parody.
I thought they were very good, Marie. Maybe they’re just getting smart. We have to keep one step ahead of them.
How is it such an outrage to people that Rand Paul would condemn FATCA, when he’s already said he’s like to blow up the tax code and dismantle the IRS. They can’t see the forest for the trees.
If I were part of the 50% of U.S. residents who pay no federal income tax, I’d probably be outraged by Rand Paul as well.
Ironic how the Democrats Abroad site celebrates the Supreme Court’s announcement of equal marriage rights for the LGBTQ community, a laudable achievement that was also “never going to happen”, just like the repeal of FATCA and CBT.
The American diaspora now officially has fewer civil rights than ANY other identifiable group of Americans. Why isn’t DA defending OUR civil rights? Oh, I forgot – because apparently we’re all tax cheats, and probably Republicans. Thanks to DA, they’ll soon be absolutely correct about the second part, for those expats who would still vote in US elections.
@Deckard
A morbid, dire fear that a republican president could win the White House 2016….
@Polly
Could that be any worse than eight epic years of Obama’s failures? Honestly, there is not one good thing he can point to. Not a single one. A complete, abject disappointment for any Democrat out there. So much for hope and change.
At the risk of sounding like a bad election campaign commercial:
“Isn’t it time for CHANGE?”
@MuzzledNoMore
I wonder if lawsuits, by their nature, tend to attract attention when (and only when) there is a decision that has significant impact. For example, Obergefell v. Hodges has attracted huge publicity because it has effectively legalized same sex marriage nationwide in the US. But I don’t know that the original filing of the lawsuit was nearly as big news at the time.
@bubblebustin
Wow that is a big hit to take from your attorney ($10,000) just for the IRS misplacing your documents for awhile! Do you think that the attorney added value worthy of that money? By this I mean: if you hadn’t had an attorney, do you think the problem would have eventually been sorted out with less cost on the attorney side? I’m always cautious about retaining attorneys, and am a “do it yourself” guy when it comes to legal issues most of the time (though I recognize that in major cases like the Arvay and Bopp cases they are necessary). If it were me I’d be pissed about the IRS misplacing the documents but I’d be even more pissed at the attorney’s $10,000 bill to sort it out!
@Deckard1138 There is some pendulum action with politics in the US and many countries. We may see in the US that the momentum is going toward the Republicans. They picked up the House and now Senate. FATCA makes us hope this keeps going.
SolomonYue Tweets that the Republican National Committee has endorsed the lawsuit.
@Marie where are you posting? Also you might copy save posts.
@8888 Makes this interesting point about Citizenship Based Taxation http://disq.us/8o0buo on the Washington Times article.
Perhaps we are doing some disservice to the cause by reinforcing the name “US citizenship based taxation” as that name may get wrapped in the flag by patriotic Homelanders – the name including “US Citizenship” triggers a patriotic response.
@8888 points out that in the US anyone resident is taxed and you don’t have to be a citizen. So this “Citizenship Based Taxation” does not describe what is going on. Something like this may be more descriptive and a better presentation:
America like all other nations of the world practice Residence Based Taxation – tax all residents whether citizens or not. A key difference between America and all other developed countries is that America taxes its “persons” (including citizens and green card holders) resident in other countries as if they live in the US.
Something along these lines. @Calgary411 is this IBS feature material?