Comments on: Sixth Circuit: IRS, unlike Caligula, cannot punish under unproclaimed law

By: Evan Þ

Evan Þ — Mon, 27 Feb 2017 18:13:02 +0000

In reply to Fox2!.

Similarly, if there was a printer’s error in typesetting the Congressional Record post-enactment, that was not intended by Congress.

But if Congress had voted on that specific edition of the Sixth Commandment, they would have intended to enact it. Neglecting to actually read what you vote on doesn’t count as an excuse.

By: gitarcarver

gitarcarver — Mon, 27 Feb 2017 16:48:12 +0000

In reply to Hugo S Cunningham.

The problem with your reasoning is that the Sixth Circuit said that the people in this case used the law for the exact purpose and the way that Congress intended.

We have a choice of either electing representatives who decide the laws or letting those representatives be overruled by a non-elected official.

I’ll take the former.

By: Fox2!

Fox2! — Mon, 27 Feb 2017 04:21:40 +0000

In reply to js.

“You shall commit adultery”
Sixth Commandment, according to the “Sinner’s Bible”

By: js

js — Mon, 27 Feb 2017 01:05:08 +0000

I’ve always thought of the term “loophole” as just a pejorative way of saying “something the law allows that I don’t think the law should allow.” If Congress didn’t “intend” the conduct in this case, then shouldn’t have written the law to allow it; intent is generally irrelevant if the text is unambiguous (short of something extreme like an obviously missing “not”).

By: Hugo S Cunningham

Hugo S Cunningham — Sun, 26 Feb 2017 15:26:32 +0000

The IRS commissioner tried to close a loophole being used beyond what Congress intended. I believe Congress could give him that power (though, as the court noted, they have not yet done so). The IRS might be given an equity power to demand an amendment to the return, but not to seek penalties.

By: Fox2!

Fox2! — Sat, 25 Feb 2017 19:48:39 +0000

How odd. A decision actually citing the legislation in question. Would that other circuits follow this example.