Obamacare And The Truth About The Income Tax
This steaming pile of socialism badly needs to be repealed. But like other federal mandates, the Obamacare mandate is limited, hinging on the use of federal privilege.
THE TENS OF THOUSANDS OF MEN AND WOMEN in the CtC-educated community are the most typical of Americans in most respects. They are found in nearly every profession and calling. They are doctors, lawyers, truckers, teachers, engineers, laborers, bus drivers, accountants, you name it.
These folks make good livings, raise beautiful children, and love their country. They worship, recreate, enjoy a good show and know how to put in a good day's work, just like other typical Americans.
But these CtC-educated folks are also UN-typical in some important ways. For instance, every one of them has an extraordinary sense of civic responsibility and respect for the rule of law, along with courage, integrity, resolve and activism comparable only to that of America's founding generation.
Here's another distinction: Not one CtC-educated American will be obliged to buy health insurance he or she doesn't want, or pay any penalty for choosing not to do so.
The reason CtC-educated Americans are spared from the Obamacare outrage is simple. They have read this book:
These folks have learned the truth about all federal taxes, and particularly the income tax of which the Obamacare mandate is a part.
These educated Americans know that even though it is easily-mistaken as a tax on "all that comes in" (and that such mistakes are deliberately encouraged and viciously exploited by revenue- and power-hungry governments which have designed the tax law to be confusing and to conceal its true nature), the income tax is actually a Constitutionally-harmonious tax of limited application, which has nothing to do with simply earning money and which mandates nothing at all unless one chooses to engage in a narrow class of specialized activities.
BECAUSE THEY ARE EQUIPPED WITH THIS UNIQUELY COMPREHENSIVE AND COMPLETE knowledge of federal tax law, CtC-educated Americans maintain control of their resources and regulate the excesses of the state. This is just as intended by the Founders, who set the federal tax structure up to encourage exactly that control-- administered by individual, grown-up Americans unilaterally looking after their own interests and the rule of law in exactly this way.
It is that knowledge and control that allows American grown-ups like James G. and Travis and Angie Scott-- whose victories upholding the rule of law against arrogant state efforts to impose inapplicable mandates on them are added this week to the mountain of others by which they have been preceded-- to effectively rebut all allegations of any federal income tax liability, Social Security and Medicare taxes included, and reclaim control over the disposition of their property:
(See the amended filing of a pre-educated return that produced this victory here)
Every single American can and should be doing the same. Contrary to the deeply-rooted mythology cluttering the minds of most Americans-- even those otherwise well-versed in understanding of original intent and of other areas of the Constitution as drafted and as amended-- there is no coercive federal tax on individual Americans.
The Founders had no tolerance for such demented, illiberal notions, and allowed no such tax. Our grandparents' generation was no more moronic than the Founders in this regard. They, too, never allowed for such a tax-- absurd, government-promoted mythology to the contrary notwithstanding. CtC-educated Americans know all this, having studied in-depth information and authority on every aspect of the federal tax structure, and having put that knowledge into practice personally for years now.
MORE, THESE EDUCATED AMERICANS KNOW that like the income tax overall, the Obamacare "individual mandate" and penalty only apply to folks who, in any given year, receive more than the exemption amount of the specialized kind of gains that qualify as "income" within the context of the tax. Thus, CtC-educated Americans know that the mandate and penalty simply don't apply to most of them, and how to stop it from being imposed on them unless they choose to switch from their untaxed economic activities to the narrow variety subject to the tax.
Here is how the Obamacare "individual mandate" and "penalty" law reads in relevant part (with helpful emphasis added):
26 USC § 5000A - Requirement to maintain minimum essential coverage
(a) Requirement to maintain minimum essential coverage
An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.
(b) Shared responsibility payment
(1) In general
If a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c).
(d) Applicable individual
For purposes of this section— (1) In general The term “applicable individual” means, with respect to any month, an individual other than an individual described in paragraph (2) [Those enjoying state-approved religious exemptions], (3) [Individuals not a citizen or national of the United States or an alien lawfully present in the United States], or (4) [Incarcerated individuals].
OK, what we see so far is that the "applicable individual" subject to the "individual mandate"-- and the penalty for failing to comply-- is a "taxpayer" who is not covered by a religious exemption, is not "not a citizen or national of the United States or an alien lawfully present in the United States" or is not incarcerated. BUT WAIT! Let's not forget that little qualifier we saw in section (b)(1) above: Except as provided in subsection (e):
No penalty shall be imposed under subsection (a) with respect to—
(2) Taxpayers with income below filing threshold
Any applicable individual for any month during a calendar year if the individual’s household income for the taxable year described in section 1412(b)(1)(B) of the Patient Protection and Affordable Care Act is less than the amount of gross income specified in section 6012 (a)(1) with respect to the taxpayer.
SO, ACTUALLY, THE OBAMACARE MANDATE ONLY APPLIES to someone whose household "income" for the year is equal-to or greater than the amount of gross income specified in 26 USC § 6012 as the amount prompting a filing requirement:
26 USC § 6012 - Persons required to make returns of income
(a) General rule
Returns with respect to income taxes under subtitle A shall be made by the following:
(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount [this is followed by exceptions to this rule]
And THAT means, when all is said and done, that the Obamacare mandate and penalty do not apply to anyone with less than the exemption amount of "income"-- which is most of us. Like most federal mandates, the Obamacare mandate only applies to the minority of Americans making use of a federal privilege.
OF COURSE, THE ONLY AMERICANS WHO WILL BENEFIT FROM THIS FACT and be able to unilaterally opt out of the mandate without penalty are those who have learned the truth about the tax like those good folks in the CtC-educated community...
Maybe YOU should become one of those good folks.
Maybe YOU should learn what you'll discover is pretty-much the most important thing any American can know-- even without regard to the "Obamacare" outrage of trying to treat everyone as a subordinate of the state able to be ordered to buy products for the benefit of favored political interests.
Maybe YOU should...
Ah, never mind!
What am I thinking!
Lew Rockwell, the Tea Party Express, Townhall and the Liberty Crier have just posted more great batches of grouse-articles!
Better you should just read (or write) about how bad things are getting, bitch and moan like an adolescent schoolgirl, and keep hoping someone else actually gets up and does something about it all...
So long as the people do not care to exercise their freedom, those who wish to tyrannize will do so; for tyrants are active and ardent, and will devote themselves in the name of any number of gods, religious and otherwise, to put shackles upon sleeping men.
-Voltarine de Cleyre
P. S. Everyone will find the following deeply-buried provision of Title 42 (unearthed by CtC Warrior Barry Sullivan) most interesting:
42 USC § 18115 - Freedom not to participate in Federal health insurance programs
No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.
(Pub. L. 111–148, title I, § 1555,Mar. 23, 2010, 124 Stat. 260.)
References in Text
This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.