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If You Cannot Eliminate the IRS, Can it Be Reformed?

Warning Sign That A IRS Tax Audit Is Ahead

&NewLine;<p>We all know that the income tax system in the United States is complex&comma; costly&comma; and inefficient&period; It imposes a heavy burden on individuals and businesses&comma; discourages saving and investment&comma; and creates opportunities for tax evasion and tax avoidance through loopholes and special treatments&period; It is prone to be politicized&period; It requires a large and intrusive bureaucracy&comma; the Internal Revenue Service &lpar;IRS&rpar;&comma; to administer and enforce it&period;&nbsp&semi; And …&nbsp&semi;it impacts hardest on the middle and lower economic classes&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In a previous commentary&comma; I made the argument that we should eliminate the Internal Revenue Service &lpar;IRS&rpar; by eliminating the Income Tax and withholding system&period; It is arguably the most corrupt and abusive of all the government agencies – largely because of the extraordinary and extra-constitutional powers enjoyed by the Agency&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>There is nothing but benefits for the millions of American taxpayers in eliminating the income tax and the IRS&comma; as we know it&period; Unfortunately&comma; as bad as the current system is for the average taxpayer&comma; the system is supported by a powerful public and private sector establishment&period; Those benefiting from the current system are tens of thousands of bureaucrats currently employed by the IRS&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Tax attorneys are the third most powerful segment of the American ruling class legal profession – behind lawyer-legislators and government prosecutors&period;&nbsp&semi; And the other two categories are in full support of the IRS for political&comma; personal and professional reasons&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Then you have all those non-lawyer tax&nbsp&semi;accountants and consultants – from the local H &amp&semi; R Block operations&comma; online services such as Turbo Tax&comma; and the HUGE corporate accounting firms&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The elimination of the income tax in favor of a National Sales Tax – often called a &OpenCurlyDoubleQuote;consumption tax” or &OpenCurlyDoubleQuote;Fair Tax” – would mean that millions of Americans would not have money withheld from their incomes&period; They would not have to file complicated forms each year&period; There would be no IRS to seize bank accounts and personal property&period; There would be no special loopholes for the rich and powerful&period; It would be virtually impossible for crooks to&nbsp&semi;commit&nbsp&semi;tax fraud&period; Businesses would save billions of dollars by not having to collect and record income tax – a saving that gets passed on to the consumers&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>While Congress&comma; as a whole&comma; has not shown interest in seriously&nbsp&semi;considering&nbsp&semi;eliminating the IRS&comma; Georgia Congressman Buddy Carter has introduced the Fair Tax Act&period; It would establish a 23 percent tax rate on all retail goods and services – with a monthly rebate to low-income families and individuals&period; It would repeal all federal income taxes&comma; payroll taxes&comma; estate and gift taxes&comma; and abolish the IRS&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The increase in the cost of goods and services would be more than offset by the enormous savings enjoyed by taxpayers&period; In addition to individual savings from eliminating the income tax&comma; there are enormous savings to the economy&period;&nbsp&semi; According to the Tax Foundation&comma; Americans spend &dollar;409 billion and 9 billion hours annually to comply with IRS requirements&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>But alas … despite the benefits for we&nbsp&semi;the people&comma; the Fair Tax Act is not likely to pass&period; There are too many powerful interests lined up against us&period; So …&nbsp&semi;are there&nbsp&semi;any reforms that could at least mitigate some of the IRS’ worst practices&quest;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Here are a few I would be fighting for if I was in Congress&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<ol class&equals;"wp-block-list">&NewLine;<li>The first reform on my list would be to make it illegal for the IRS to seize personal property without having&nbsp&semi;the matter adjudicated&period; Government can take property under the laws of eminent domain &lpar;although those are significantly abused&rpar;&comma; but the property owner has legal rights and can oppose the seizure&period; Not so with the IRS&period;&nbsp&semi;They summarily confiscate&period; I have never understood why that is not unconstitutional&period;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>My second reform would be placing limits on interest and penalties for late- or non-payment&period; Very quickly&comma; the interest – and especially the penalties can cause a person&&num;8217&semi;s liability&nbsp&semi;to increase exponentially to many times the original amount claimed by the IRS&period; I tend to favor the elimination of ALL penalties – and allow the amount owed to increase by a minimum of three percent or the rate of inflation&comma; whichever is greater&period;&nbsp&semi;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>Primary residence and basic household property cannot be seized&period; That ban against seizure would not protect valuable collections&comma; such as valuable art&comma; artifacts&comma; jewelry&comma; antiques&comma; etc&period; Again&comma; they would only be seized by court order – not the whim and will of the IRS&period;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>I would forbid the IRS&nbsp&semi;from&nbsp&semi;seizing payroll income from any person with an Adjusted Gross income of less than &dollar;25&comma;000 per year – and limit income garnishment to&nbsp&semi;no more than 10 percent for folks with an AGI of &dollar;25&comma;001 to &dollar;150&comma;000&comma; and no more than 33 percent of those with an AGI over &dollar;150&comma;000&period; Social Security&comma; veteran benefits&comma; disability compensation&comma; etc&period; would be eliminated from IRS seizure&period;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>The IRS would be required to pay for all legal fees and other costs when they lose their case in a court of law&period;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>I would change the internal appeal process so that the agents who issued the order to seize property are not the same people to handle the appeal – and even handle the appeal without the taxpayer knowing it&period; As insane as that may sound&comma;&nbsp&semi;<strong>I<&sol;strong>&nbsp&semi;know of at least one specific case in which that is exactly what happened&period;<&sol;li>&NewLine;&NewLine;&NewLine;&NewLine;<li>I would impose severe penalties on IRS officials who abuse their power by wrongfully seizing property for malicious purposes or&nbsp&semi;use the power of the IRS to benefit family&comma; friends or political allies or to maliciously punish people&comma; businesses or groups&period;&nbsp&semi;<&sol;li>&NewLine;<&sol;ol>&NewLine;&NewLine;&NewLine;&NewLine;<p>Today&comma; there is virtually no accountability for abusive and even criminal actions by IRS personnel&period; The list of reforms could go on and on – and I bet readers could offer up a few of their own recommendations&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>I also understand that the scope of positive reforms is so large and complex that it will boggle the minds of many&period; They will dismiss any reform as a &OpenCurlyDoubleQuote;cannot be done” situation&period; Folks like me&comma; however&comma; are not intimidated by the size or complexity of the challenge&period; It is better to fight for what is right rather than acquiesce to what is wrong&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>America was not founded with an income tax&period; There is no IRS in the Constitution&period; In fact&comma; we operated for 124 of our 234 years as a constitutional republic without an income tax … without withholding … without an IRS … and without tax agents with guns&period; And now the&nbsp&semi;faint hearts and the compromised souls would have us believe we cannot live without income tax and the IRS&period; Unfortunately&comma; the IRS is such an intimidating force – with such a powerful constituency – that even our elected representatives are afraid even to speak of reform of the IRS – much less elimination&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>So&comma; there &OpenCurlyQuote;tis&period;<&sol;p>&NewLine;

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