He shall take Care that the Laws be faithfully executed. Does delaying Obamacare and FATCA requirements run afoul of the President’s constitutional responsibility? Jeremy Scott at Tax Analysts Blog has some thoughts (my emphasis):
Treasury’s ability to delay the implementation of a law despite a specific statutory effective date is disturbing. On its face, it seems a clear violation of separation of powers. If the executive branch disagrees with a law passed by Congress, it can simply delay its effective dates indefinitely. What if Mitt Romney had won the 2012 election and was president today? Could he have simply decided to delay ALL of the effective dates for Obamacare, effectively repealing the law without the consent of the Democratic Senate?
Read the whole thing.
This administration won’t hold power forever. Its partisans will come to regret the precedents they are creating.
Richard Borean, Monday Map: Sales Tax Holidays in 2013 (Tax Policy Blog):
TaxProf, The IRS Scandal, Day 82.
Jason Dinesen, I Ask Again: What’s the Upside of Preparer Regulation for Enrolled Agents? Jason finds none, and he is correct.
William Perez, Federal Tax Issues for Same-Sex Married Couples
Kay Bell, Farm bill subsidies feed America’s junk food appetite. Mmmm, pork.
Peter Reilly, Hard For Snow Birds To Avoid New York Tax
Kansas becomes a bad bet for gamblers. Gambling Loss Deduction Removed from Kansas Tax Code Beginning in 2014 (TaxDood). Nobody wins all the time. If you don’t allow losses at least to the extent of winning, you tax imaginary income. As Kansas has four casinos, tax disaster for many Kansas is just a matter of time.
Robert D. Flach, call your office. ‘Real Housewives’ Stars Indicted On Bankruptcy, Fraud And Tax Charges (TaxGrrrl):
The indictment also alleges that Giuseppe Giudice received income from
his business during the tax years 2004 through 2008 but did not file
federal income tax returns for those years. Giudice reportedly received
income totaling $996,459 during that time. He is charged with five
separate counts of tax evasion as a result.
I’ve never watched their show, but I understand they lived an expensive-looking televised life. If they were committing tax and bankruptcy fraud in front of a national TV audience, that would be unwise.