Comments on: Citing decades-old claims, feds seize tax refunds

By: The Bogosity Podcast » Bogosity Podcast for 21 April 2014

The Bogosity Podcast » Bogosity Podcast for 21 April 2014 — Sun, 20 Apr 2014 20:00:35 +0000

[…] 4:17 – Citing decades-old claims, feds seize tax refunds http://overlawyered.com/2014/04/federal-government-seizes-tax-refunds-citing-decades-old-claims/ […]

By: Victory! Social Security suspends stale-debt collection program - Overlawyered

Victory! Social Security suspends stale-debt collection program - Overlawyered — Tue, 15 Apr 2014 04:45:03 +0000

[…] exposing the most outrageous features of the IRS’s refund-interception program last week, as recounted in this space; I like to think I helped as well by beating the drum early and repeatedly since then with […]

By: DNTMNDMYBSNS

DNTMNDMYBSNS — Mon, 14 Apr 2014 22:41:04 +0000

Isn’t this against Article 1, Section 9, Clause 3 of the Constitution?

“No Bill of Attainder or EX POST FACTO Law shall be passed.”

By: DEM

DEM — Mon, 14 Apr 2014 17:36:31 +0000

When the government feels unconstrained to re-write the rules in the middle of the game, and then enforce them in a most unreasonable way, what, if anything, is safe?

By: The Debts of the Parents are Paid by their Children; Like It or Not | Hunt & Associates, PC

Mon, 14 Apr 2014 16:17:57 +0000

[…] As Marc Fisher recently reported in the Washington Post here, since 2011 when the federal government repealed the ten year statute of limitations applicable to governmental claims for overpayments of benefits, the government has enthusiastically pursued collection of old debts; often seizing tax refunds from children for overpayments the feds claim were made to their parents more than thirty years ago. The Social Security Administration, for instance, has identified more than 400,000 tax payers who supposedly owe more than $714 million on debts more than ten years old. The report is also noted here and here. […]

By: Jonathan Bailey

Jonathan Bailey — Mon, 14 Apr 2014 15:50:13 +0000

“Think of the possibilities, a parent has a 999 year sentence, throw the kid, grandkids and great grandkids in prison to serve the remainder of the sentence.”

Ed, this is what North Korea does now. If you get on the wrong side of the government there you get put in prison, along with your parents, grandparents and children.

By: JJ

JJ — Mon, 14 Apr 2014 02:13:18 +0000

@Justin
Thanks.

By: HFB

HFB — Sun, 13 Apr 2014 16:40:25 +0000

So the Farm bill covers everything now? Or, the Farm bill was the best place for this? no discussion? Just put it in some bill that’s gonna pass and, voila!, mo’ money, mo’ money, mo’ money!

By: OBQuiet

OBQuiet — Sun, 13 Apr 2014 13:40:23 +0000

I am sure I am not the only person to object to the idea of changing the time frame for enforcement this way. I could possible accept that it would start extending from some fixed time onward but to tell people that they no longer needed their records to defend themselves and then change things to catch them if they disposed of them is absurd.

But I think it would be easy enough to simple ask for proof of payments being made first. I mean, did the government keep all the signed canceled SS checks from the 70s on file somewhere? Shouldn’t they need to prove that the payments were accepted first before seeking to have them returned? And even if they do HAVE them, how would they find them if they really kept that many millions of scraps.

By: Justin

Justin — Sun, 13 Apr 2014 10:15:19 +0000

@JJ –

I assume that the section in question is Section 14219 of the bill

Sec. 14219. Elimination of statute of limitations applicable to collection of debt by administrative offset.

(a) Elimination.–Section 3716(e) of title 31, United States Code,
is amended to read as follows:
“(e)(1) Notwithstanding any other provision of law, regulation, or administrative limitation, no limitation on the period within which an offset may be initiated or taken pursuant to this section shall be effective.
“(2) This section does not apply when a statute explicitly
prohibits using administrative offset or setoff to collect the claim or type of claim involved.”.
(b) <> Application of Amendment.–The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act.