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Politics : The Obama - Clinton Disaster -- Ignore unavailable to you. Want to Upgrade?


To: pompsander who wrote (6316)2/3/2009 1:39:59 PM
From: TideGlider  Read Replies (2) | Respond to of 103300
 
I agree. As he was confirmed for the Treasury seat he should indeed make the back payment a gift if it cannot be collected by the IRS in the current form.



To: pompsander who wrote (6316)2/3/2009 1:40:48 PM
From: DuckTapeSunroof  Respond to of 103300
 
Re: "The IRS can't accept money it isn't owed—and after three years, you legally don't owe the money anymore. In all likelihood, the agency will return the unowed back taxes to Geithner," writes Chris Beam.

There's IRONY in that, no doubt.

Like Judge Learned Hand of the U.S. Court of Appeals in New York said in a famous tax case dissent, when he offered these timeless remarks: "There is nothing sinister in arranging one's affairs so as to keep taxes as low as possible... nobody owes any public duty to pay more than the law demands. Taxes are enforced extractions, not voluntary contributions." [IRS Com. v. Newman, 159 F2d 848, 851 (2nd Cir 1947)]



To: pompsander who wrote (6316)2/3/2009 1:45:18 PM
From: Bill  Respond to of 103300
 
That seems to be a flawed interpretation of tax law.

The IRS may have a three year SOL on audits but they can go back further if a pattern of wrong payments is detected in the audit period, and there is no restriction in how far back they can go if fraud is suspected. I believe in most cases they can go back ten years.