Liberty and justice for all United States persons abroad

President should not even joke about abusing IRS power

This must read article includes:

Our income-tax system is based on voluntary compliance and honest reporting by citizens. It couldn’t possibly function if most people decided to cheat. Sure, the system is backed up by the dreaded IRS audit. But the threat is, while not exactly hollow, limited: The IRS can’t audit more than a tiny fraction of taxpayers. If Americans started acting like Italians, who famously see tax evasion as a national pastime, the system would collapse.

One reason why Americans don’t act like Italians is that they see the income-tax system as basically fair in execution. A tax audit or a tax-fraud prosecution is still seen, usually, as evidence that someone has done something wrong. If it comes instead to be seen as “just politics” then the moral component of the system will be gone. For the system to work, people have to believe that it is fundamentally fair.

This is why the IRS is so strict with its own employees. Paul Caron, a professor at the University of Cincinnati who writes the TaxProf blog, noted in response to Mr. Obama’s remarks that the law calls for the termination of IRS employees who make audit threats for illegitimate reasons. He suggested that Mr. Obama’s “joke” might be grounds for firing if he were an IRS employee.

He’s not, of course, but as the president his words carry much more weight and he should be much more careful. That’s particularly true given that people still haven’t forgotten about the Obama administration’s other tax issues — the appointment of Tim Geithner as Treasury secretary despite an inexcusable failure to pay $34,000 in Social Security and Medicare taxes while working for the International Monetary Fund, and the scandals involving Tom Daschle and others whose appointments failed. (When the Geithner issue came up, news reports indicated that IRS employees were very upset. They can be fired over a simple late filing or a failure to report a mere $500 in income, making Mr. Geithner’s “pass” on much more serious questions quite demoralizing.)

48 thoughts on “President should not even joke about abusing IRS power

  1. Don’t worry. Steven Miller will fire a few politicians, and replace them with new puppets. Soon, the IRS will be back running the country again.

  2. Thanks for the link, badger.

    Commenters to that yahoo article seem to be calling for “Fair Tax,” “Flat Tax,” Federal “Sales Tax” and abolishing the IRS.

    Aren’t US Persons Abroad as well being scrutinized unduly scrutinized by the IRS’ “Form and Penalty” club; the IRS not recognizing our “foreign accounts” are necessary for us to function in the countries we live in; that our non-US spouses are subjected to the IRS unfairly; that Accidentals are punished just for being born to US Citizens Abroad; the OVDI bait and switch; green card holders set up for the big fall?

    By all means then, “Fair Tax.” Perhaps they’re right that throwing out the reams of uncontrollable / unfixable Tax Act would alleviate unfairness of the IRS for many segments of US populations, both inside and outside the shores of the US. Perhaps, cut to the chase — a short-cut to what is Residence-Based Taxation in that those who are buying within the US are taxed within the US. Pretty simplistic, but it starts to make more sense.

  3. Watching CSpan – Miller is a bad witness, very evasive. Worth tuning in. Shulman will be testifying Wednesday.

  4. Rep Mike Kelly of PA – Great questioning/speech. “I am more concerned after hearing your answers than before I came here today!” My prediction: this is going to escalate!

    This is somebody who might be worth contacting. In fact, this is good to watch because it tells us which Congressmen would be sympathetic to IRS abuses.

  5. This is great theatre. There are a number of Congressmen who clearly have it in for the IRS based on their abusive behavior. They need to be educated about OVDI, OVDP, etc. Yes, this is a good opportunity.

    Opposition to the IRS makes for strange bedfellows.

  6. “I promise the American people this investigation has just begun. Hearing adjourned.”

    This is NOT going to go well for the IRS.

  7. I was just going to post that too.

    Here is my reply from one US government representative re FATCA (although I am no longer represented as I have renounced):

    From: U.S. Senator Rand Paul
    Sent: Friday, May 17, 2013 9:49 AM
    To: calgary411
    Subject: Reply from Senator Rand Paul

    May 17, 2013

    Dear Ms. calgary411,

    Thank you for taking the time to contact me regarding the Foreign Account Tax Compliance Act (FATCA). I appreciate hearing your thoughts on this issue.

    During the 111th Congress, Congress passed and President Obama signed into law, the Hiring Incentives to Restore Employment (HIRE) Act of 2010 (P.L. 111-147). This legislation drastically expanded government involvement in the financial goings-on of Americans who live and work abroad. FATCA, the tax evasion provision in this bill, requires all foreign financial institutions (FFI) to provide a detailed report on American account holders to the Internal Revenue Service (IRS) beginning in 2013, or be subjected to a 30 percent withholding tax on income from U.S. assets. American account holders with more than $50,000 who fail to file a report with the IRS would also be subject to a 30 percent withholding tax. As a newly elected member of the 112th Congress, I did not participate in the debate of this law and would have voted against it if I had been.

    Not only does FATCA allow the government to obtain a wide array of international banking records without evidence of such tax evasion, but the outrageous cost of compliance with this requirement has been estimated at $30 million per FFI. Rather than comply, many banks have refused to serve American clients and have begun shutting down their accounts. I have serious concerns with FATCA and that is why, along with my Republican colleagues, Senators Saxby Chambliss (Ga.), Jim DeMint (S.C.) and Mike Lee (Utah), I wrote a letter to Treasury Secretary Tim Geithner questioning the implementation of this onerous mandate.

    I have long been a critic of government intrusion into the privacy rights of Americans. As a lead opponent of the May 2011 extension of the USA PATRIOT Act, which allows the federal government to engage in warrantless searches, I believe the right to privacy is critical to the preservation of other rights. We have to be very careful not to continue down the slippery slope that our current and previous Administrations has taken us.

    Rest assured I am fully aware of the effect FATCA is having on Americans overseas and will continue to keep a close watch on this issue. As I represent the Commonwealth of Kentucky in the United States Senate, I will remain committed to defending the proper role of the federal government, as outlined by the Constitution, and defending the rights of all Americans citizens.

    Again, thank you for sharing your concerns with me. Please do not hesitate to contact my office in the future regarding federal issues.

    Sincerely,

    Rand Paul, MD
    United States Senator

  8. Apparently this will be replayed tonight at 8:00 p.m. – it is a must see. Also, there is plenty of discussion on Twitter at #IRS. Good opportunity to reply to tweets, etc.

    Let’s get involved.

    Some have said this underscores the need for tax reform.

    Some have said this underscores the need for IRS reform.

    An opportunity to not be missed.

  9. @Bubblebustin

    He won’t be running for cover – guaranteed. His world view is so deeply rooted in the IRS, that he won’t even see this as an issue.

    “You can take the man out of the IRS, but you can’t take the IRS out of the man.”

  10. 11:09 am

    What were some of the most interesting revelations? Camp: “I think the most interesting revelation was the overall arrogance of the IRS and the lack of information from somebody who was in charge.”

  11. This is not a “tempest in a teapot”. It’s more like a locomotive that starts off slowly and picks up speed until it is going very fast. Only question is what’s gonna be at the end of this train wreck.

    Somebody should get in touch with Mike Kelly about OVDP abuses. Perhaps he could ask Shulman about this on Wednesday.

    Settle in for an entertaining summer.

    The great thing is this: Congress, for the first time ever, is going to have a use for Americans Abroad!

  12. “The great thing is this: Congress, for the first time ever, is going to have a use for Americans Abroad!”

    Do you mean if only for bringing the IRS down?

  13. The corrupt sitting in judgement over the incompetent. Spectacle — get popcorn — but I’ll bet it ultimately comes to nothing.

    The scoop appear to be: Democrat Senator pressures the IRS to investigate some organizations, and ‘helpfully’ suggests names of those they might want to look at; IRS complies; story comes out. But… Shulman has already gone. Miller was going anyway. And Carl Levin — how glorious that his fingerprints are on this! — has already said he will not stand at the next election.

  14. Confusion and Staff Troubles Rife at I.R.S. Office in Ohio and everywhere else it seems…

    “The I.R.S. is pretty dysfunctional to begin with, and this case brought all those dysfunctions to their worst,” said Paul Streckfus, a former I.R.S. employee who runs a newsletter devoted to tax-exempt organizations. “People were coming and going, asking for advice and not getting it, and sometimes forgetting the cases existed.”

    Administering the nearly four-million-word federal tax code involves so many arcane legalities, and is so fraught with potential to ignite Washington’s partisan skirmishes or infuriate taxpayers, that much of the I.R.S. is run by lawyers.

    Mr. Hackney, the former I.R.S. lawyer, said he was disappointed that the agency had not had better management to prevent the missteps, particularly the delays. But he said he feared that the politically charged investigation might descend into a witch hunt that leaves low-level I.R.S. employees too intimidated to enforce the tax code.

    “It would be tragic to see the I.R.S. be debilitated by this,” he said. “Its work is too important.”

    Outside the Cincinnati office on Thursday, employees on smoking breaks voiced many complaints. Pay freezes, mandatory furloughs and the effects of sequestration were all testing their already low morale. But the scandal, some said, had made things worse.

    “There’s a buzz in the office about this Tea Party situation,” said Neal Juarez, a case advocate in the Taxpayer Advocate Service. Like several other I.R.S. workers, Mr. Juarez was skeptical that employees in Cincinnati would have acted as they had without some direction from leadership in Washington.

    “You know what they say when there’s trouble,” he added. “You know what rolls downhill.”

    What is the answer — throw out all the Tax Code, the loopholes put in by Congress and just start new seems better than any other solution to me.

    Bloody nightmare that none of us who have chosen to leave the US should have to deal with. Pay our fair share?!
    TGIO — Thank God I’m Out (or almost)!

  15. The headline Tweet includes the comment ” … IRS not the enforcer of the Obama or any administration.”

    Really? Has no one else heard that Fabians consider that Tax Policy, Tax Law, Tax Enforcement are tools of “Social Engineering”? and that the “Law is not a Shackle” for them? The US Democrats are following the path of Jamaican Democratic Socialists (though 20 to 40 years behind). BTW is Attorney General Holder not a son of Barbadians? Should he not be paying tax to Barbados? LOL …. and BTW he is probably steeped in the West Indian version of seasoned Democratic Socialism. LOL.

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