Media and Blog Articles – Part 1 of 11 (to 26 May 2015)

3,971 thoughts on “Media and Blog Articles – Part 1 of 11 (to 26 May 2015)”

1. If some would like / could join the discussion here: https://www.taxconnections.com/community/FATCA-Tracker/10008?comment_id=98#comment-98, it presents an opportunity.

   Michael DeBlis, US tax lawyer, says:

   I’d like to think that if more stories of “Accidental Americans” were disseminated to the public-at-large, that many of my colleagues, not the least of which are those in academia, would rethink their views on FATCA. Perhaps it might even inspire them to change those views or, at the very least, to rethink them. And reflection might lead to what is long overdue, a healthy debate.

   As difficult as it might be for me to admit, I have to count myself among those who were once ignorant of these counter-arguments. But the stories of those who had been tangled up in the web of “foreign asset reporting” for no other reason than the fact that one or both of their parents was a U.S. citizen or resident were so powerful that it touched me in my “tenders” — in those soft, vulnerable places where our decisions are made.

   If it had such a dramatic impact on me, as someone who doesn’t let go of his ideas and beliefs so easily, then I can only imagine the impact that it will have on those who are “free thinkers” and “open-minded.”

2. @Calgary
   I think we are making a great case over there to re-litigate Cook v. Tait! (Michael seems to be SUCH a nice fellow). He was a public defender in a previous live. Doesn’t this fall into that category? I would think we are in dire need of public defence. It looks like a cake walk to overturn a law from 1926. (Obviously I have no idea of what I am talking about). But when you look at other overturned supreme court cases, especially older cases it is not outside the realm of possibility.

   Now if we can just convince him to do it pro bono. We can help him!

3. One way to “test” the two differing opinions as to whether U.S. Citizens abroad retain their citizenship because of (1) all the psychological benefits (Kirsch argument), vs. (2) the difficulty owing to cumbersome process, and considerable cost to renounce (a reason suggested by Michael DeBlis), would be to change the U.S. process for renouncing to be more like that of other countries — something like $100 admin fee and a mail-in form. That is, make it easier to renounce and then if no one leaves, Kirsch may be proven to be right!

4. Charl,

   What you presented is quite a find. You certainly have given Michael a challenge to think about.

   Charl’s comment:
   http://money.howstuffworks.com/10-overturned-supreme-court-cases.htm I would think it is about time to take another look at a 1924 law! Michael, wouldn’t this be great fun? I will help you!

   My comment:

   Of the two ways, the first would be an uphill challenge, but the second, with enough support from both outside and inside the US, seems feasible — seen in a NEW LIGHT in this global world we live in. Thanks, Laura.

   quote
   This means that overturning a Supreme Court decision is very difficult. There are two ways it can happen:

   1. States can amend the Constitution itself. This requires approval by three-quarters of the state legislatures — no easy feat. However, it has happened several times.

   2. The Supreme Court can overrule itself. This happens when a different case involving the same constitutional issues as an earlier case is reviewed by the court and seen in a new light, typically because of changing social and political situations. The longer the amount of time between the cases, the more likely this is to occur (partly due to stare decisis).
   unquote

   Neill is offering another possibility:

   The current complexities that are being forced upon people with foreign accounts can be legally attacked in a way that’s not currently being pursued.
   US tax treaties contain a non-discrimination clause that prohibits both direct and indirect discrimination either in taxation or filling burden for foreign citizen resident in the US. While a US citizen and a foreign citizen are treated the same way if they own a foreign account (so direct discrimination is not a problem) it’s clear that legislation aimed at foreign accounts would predominantly affect those residents that are foreign citizens since their prior lives mean they have such accounts. I think this would fit with indirect discrimination.

   Brainstorming for solutions (like our litigation) is better than passive acceptance of the outcome for individuals, spouse, children, business partners of anyone the US defines a *US Person*.

5. Another link to the excellent new article (pointed out by Calgary411) by Michael DeBlis which tears apart Michael Kirsch’s BS arguments in favour of CBT — this article is very worthy of comments.

   Tax Connections: “Are the Psychological Benefits of U.S. Citizenship An Adequate Justification For The Worldwide Taxation of Nonresident U.S. Citizens?”

   http://taxconnections.com/taxblog/are-the-psychological-benefits-of-u-s-citizenship-an-adequate-justification-for-the-worldwide-taxation-of-nonresident-u-s-citizens/#.VLCoMks5ApF

6. @FromTheWilderness

   SWAT team needed:

   John
   January 9, 2015 at 10:18 am
   “Being a US citizen carries many benefits. Access to the best healthcare in the world, best education system, protection from the US military, assistance from the US diplomatic team, US retirement system, ability to live in the US, Social Security, Medicare, Unemployment insurance, financial markets, low pollution, clean water, and a government of law with low corruption.

   Someone with US citizenship can avail themselves of these benefits at any time. Without it, they often cannot.

   The US has an onerous tax system in some ways, but so does China and some other industrialized nations. My observation is that the territorial tax system leads to abuses as people move money and assets into places where the home country doesn’t tax them, hurting the economy. It results in massive game playing. On the plus side, in many ways, the US tax system is less onerous than others.

   Frankly, if you are only worried about money, low taxes, and lowering your costs, expatriate and move to Panama.

   Hope you can get back in for that operation or your kid into Harvard and your pension might be in Balboas.

   My view is there are lots of benefits of US citizenship, if you don’t value them, you should leave and stop complaining about the tax system.”

7. @BUBBLEBUSTIN
   I tried to post this 5 times but kept getting a spam notice. Go figure. Could somebody post this for me?

   Freud already spoke of “rationalisation” as a human defense mechanism. DMS-IV says: rationalisation occurs “when the individual deals with emotional conflict or internal or external stressors by concealing the true motivation of his or her own thoughts, actions, or feelings through the elaboration of reassuring or self-serving but incorrect explanations.”
   The stressor is american debt. The irrational solution is to get those least able to defend themselves to pay for it.
   There are many countries who afford their citizens freedom, better healthcare, almost free higher education and many other benefits. These countries do not use citizenship-based taxation to justify nationality.

8. @Polly,

   I’m sorry you weren’t able to post your comments. I scanned the spam for them but did not find them. So, I don’t know why this occurred. I am glad that your 2:57 comment did get through and hope that continues. Meanwhile, we’ll keep an eye out for your comments before we dump spam. A similar thing happened to Heidi a few days ago – we couldn’t figure out what was wrong, but the problem fixed itself within a day.

9. Polly,

   Right under “POST COMMENT” try to put in the current year, 2015, and see if that works. Otherwise, you can also comment at “FATCA Tracker Community” link within the body of Michael DeBlis’ post.

10. Pacifica,

    I don’t *think* that Polly was referring to spam here at Brock but in the Michael DeBlis TaxConnections article, http://taxconnections.com/taxblog/are-the-psychological-benefits-of-u-s-citizenship-an-adequate-justification-for-the-worldwide-taxation-of-nonresident-u-s-citizens/#.VLFLzMkYFDS.

    I have suggested to Polly:

    Right under “POST COMMENT” try to put in the current year, 2015, and see if that works. Otherwise, you can also comment at “FATCA Tracker Community” link within the body of Michael DeBlis’ post.

11. Thanks, Calgary, that makes sense!

12. @ canoe

    brillian suggestion……..i bet it would take them years to get through all the mail 🙂

13. Here’s an interesting article:

    http://www.caseyresearch.com/cdd/the-passing-of-american-exceptionalism-how-we-became-like-all-the-other-nat

14. Yes- Calgary got what I meant. Putting in the year worked, Calgary. Thx!

15. now’s a good time …

    http://lifehacker.com/reminder-now-is-the-best-time-to-renew-your-passport-1677966047

16. @ Polly
    I don’t see your comment under the Michael DeBlis article. Were you posting in the FATCA Tracker? That appears to be a real name domain so I won’t be signing up but I am curious as to what goes on there. Could you or someone else post some typical comments (no names attached) to give us an idea of what type of things are being discussed there? What do you think Tax Connections will be doing with all the names and comments they are collecting? I think I remember something about them wanting to make Congress aware of the opinions being expressed in the FATCA Tracker. Nothing much penetrates Congress group think so I wonder how much piercing power Tax Connections has. My impression of Michael DeBlis is that he understands the situation and genuinely wants to help. Is that your impression too?

17. @EmBee
    My 2 cents re FATCA Tracker; Calgary has posted much there, mostly highlights in the news. She and I both rather yelled at them last week for not being part of the dialogue with us. it has been just recently Mr. Deblis has commented in return which was great. I hope he keeps it up. In the past few days a number of folks have signed up and some have been posting. (You can sign up under any name you wish).

    Last night Calgary and I were trying to light a spark under Michael to re-ligitate Cook v. Tait…we shall see if he responds. The latest article he wrote regarding this supreme court decision was most informative and suspect that the decision would hold up today.

    I have no idea what their plans are for presenting our situation to congress. Mr. Deblis certainly understands the situation and is VERY sympathetic, seems a lovely fellow. The articles he has written are wonderful. I do have a wee suspicion, unfounded but from my intuitive self, they would also love our business. But hey, we can only fail and they do nothing. I’m for throwing everything at an wall I can find to see if something will eventually stick. I have perfected the art of nagging to an art form!!!!!!!!!!!!!

18. Charl
    It is a great art form – – You go gal!!!

19. @ Charl
    Thanks for sharing your impressions of FATCA Tracker. I’ve said it before and I’ll say it again … I like your style!

20. @Bubblebustin and Polly,

    I commented and its waiting in moderation. Like Calgary411 wrote above, you have to type in the current year (2015) at the bottom of the page.

21. @Embee
    It said mine is in moderation too. But I don`t see why it shouldn’t “pass inspection”.

22. @ Polly
    Dratted moderation — always makes my foot start tapping impatiently. Sometimes I think it’s a ploy to make you check back serveral times, thereby boosting their page views.

23. @Embee
    Man- everybody is so sneaky nowadays…..

24. EmBee,

    I signed up for the FATCA Tracker as calgary (first name) 411 (last name).

25. 21 comments there now. I suspect that the lawyers (from various firms) that enter posts at TaxConnection may moderate their own posts.

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