Is it a tax? Is it a floor wax? Is it a dessert topping?

March 27th, 2012 by Joe Kristan

The Supreme Court yesterday pondered whether the penalties for not buying insurance under Obamacare are a “tax” for purposes of whether the lawsuits against it can proceed.  The Supremes don’t seem to think so.  Coverage:

Tax Prof

Tax Policy Blog

Anthony Nitti

Althouse

Ilya Somin

Opponents of the law have to run the table to prevent the tax increases in the law from taking effect in 2014 – most noticeably a 3.8% tax on most investment income.  They have to both have the mandate ruled unconstitutional and they have to get the court to decide that it isn’t “severable” from the rest of the legislation.  Arguments resume today.

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