ACA: Illegal Tax Fraud

How Can ACA be Fraud or An Illegal Tax Law?

There is sufficient reason to be concerned about the legitimacy of the “Patient Protection and Affordable Care Act” (ACA) that is being forced upon on an unknowing or unwilling United States Population.

First, it’s important for all to agree upon a definition of fraud. For all intensive purposes, the following screen capture of “fraud” as defined by Google will suffice.

How a “Revenue Generation” Bill becomes Tax Law in America…

Next, it is important to understand the Constitutionally approved process in which a Revenue Generation (Tax) Bill becomes a Law:

1. The tax bill  must first be introduced in the House of Congress
2. Once approved by the House the tax bill is passed on to the Senate
3. If the Senate chooses to amend the tax bill it is returned to the House for approval (may require several iterations)
4. The amended tax bill is returned to the Senate
5. Once approved by the Senate the tax bill goes to the President
6. After the tax bill is approved by the President it becomes a Tax Law

This is the normal process of how a revenue generation bill becomes Tax Law.

However, that is not how H.R. 3590: Patient Protection and Affordable Care Act (aka ACA or Obamacare) came into existence; but that is not what most of Washington DC, a corrupt main stream media, questionable “higher education” system, local politicians, “legal” professionals & other “crony capitalist” would have the American Public (The People) to believe…. why is that, exactly???

First Point: The Revenue Generation Reform Bill had Nothing to do with Health Care Legislation

The original purpose for which the congressional tax bill that was introduced by Congress on September 17, 2009, as detailed in the House Republican Conference Summary (at https://www.govtrack.us/congress/bills/111/hr3590#summary/houserepublicans) is as follows:

Background

This legislation seeks to address inadvertent tax inequities imposed on uniformed service members and other federal employees deployed abroad as a result of other recent home-related tax legislation. Under current law, a tax credit of up to $8,000 is available for qualified first-time home buyers purchasing a principal residence on or after January 1, 2009, and before December 1, 2009. The IRS defines a first-time home buyer as someone who has not owned a principal residence during the three-year period prior to the purchase. Single taxpayers with incomes up to $75,000 and married couples with incomes up to $150,000 qualify for the full tax credit. This tax credit was authorized by the American Recovery and Reinvestment Act of 2009, the “stimulus” bill.

One of the bill’s offsets is an increase in the amount of required corporate estimate taxes due in 2014 for companies with more than $1 billion in assets. In recent years, Congress has often shifted the timing of corporate estimated tax payments from the beginning of one fiscal year to the end of the prior year to increase revenue during the first part of CBO’s budget window. In this case, the bill increases revenues that will be collected in the first five years of the current budget window and offsets reduced tax receipts from those same companies in the sixth year. While not changing the total revenue impact of the bill over ten years, the timing shift helps meet the PAYGO requirement of revenue neutrality. Thus, the bill would satisfy both the five year and ten-year tests for the Democrats’ PAYGO rules. Earlier this year, Congress passed H.J. Res. 56, which, among other things, shifted corporate tax rates for certain companies at the end of 2014 to 100.25 percent of the otherwise required amount. H.R. 3590 would increases that amount by 0.5 percent, to 100.75 percent. Companies with assets more than $1 billion would be subject to the increase in July, August, and September of 2014, and would receive an offsetting tax reduction in 2015.

 

Summary

H.R. 3590 would modify the first-time homebuyers’ tax credit for Armed Forces members, as well as Foreign Service and Intelligence Community employees on extended duty. The bill would waive recapture of the credit for qualifying individuals who must sell a residence after December 31, 2008, due to government orders for extended duty.

H.R. 3590 also extends the tax credit for taxpayers who serve on duty outside of the U.S. for at least 90 days in 2009, and who purchase homes before December 1, 2010. Qualifying taxpayers would also be permitted to treat a purchase made between December 31, 2009, and July 1, 2010, as a purchase made in a prior year for tax purposes. The extension would apply to residences purchased after November 30, 2009.

To offset the cost of the legislation, the bill increases the penalties for failure to file a partnership or S-corporation return from $89 to $110, beginning in taxable years following December 31, 2009. H.R. 3590 also increases by half percentage point-to 100.75 percent-the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September 2014.

 

Cost

The Congressional Budget Office (CBO) has not yet produced a cost estimate for H.R. 3590.

 

No where is there mentioned “Patient Protection” nor “Affordable Care” nor the concern about reworking the “United States Health Care System.”

Second Point: Washington acknowledges that ACA is “the Senate’s health care bill”

The tax bill that ultimately passed with overwhelming support (416 in-favor : 0 opposed) through the House of Congress on October 8, 2009, that, “…seeks to address inadvertent tax inequities imposed on uniformed service members and other federal employees deployed abroad…” (as previously summarized above) was eventually gutted completely by the Senate and completely replaced with something entirely different (new name, all new contents and most likely on new paper).

Nothing in H.R. 3590 that was completely supported by the Houses on October 8, 2009, was kept by the Senate. Nothing. Nada. Zero.

There was no amendments to H.R. 3590 added by the Senate, the Bill was completely replaced in its entirety.

The entire purpose of the bill that passed through Congress on October 8, 2009, had been completely removed along with all contents of the bill and was replaced & repacked into “the Senate’s health care bill” that was passed through the “Senate with Changes” the day before Christmas, Thursday, December 24, 2009.

(The ultimate “lump of coal” delivered compliments of the United States Government and just in time for Christmas.)

The Senate willing deceived the legislative process (and the American People) in hijacking an unrelated tax bill to push through the “Patient Protection and Affordable Care Act” that was not introduce nor passed through Congress as is required by Constitutional Law. This deceptive act can be considered as being fraud as the changes made by the Senate cannot be classified as amendment and the process in-which a tax bill becomes law has therefore failed.

Third Point: ACA was Forced Back Through Congress & Swept into an (Illegal) Tax Law

It is important to note, that after the hijacked tax reform bill returned from the Senate into the completely transformed “Patient Protection and Affordable Care Act” the then Speaker of the House demanded the bill be immediately passed without any initial review.

As eluded by Ms. Pelosi the main theme of “Patient Protection” was being described as “legislation for the future” and “preventive care… and prevention, prevention, prevention is about diet and not diabetes.” Then again, how would or could Ms. Pelosi know the “theme” when no representatives actually read IT?

Although in stressing “prevention, prevention, prevention” Ms. Pelosi may have actually admitted the main purpose of this illegally enacted illegal taxation as being the “prevention of health care for Americans.”

On March 21, 2010, H.R. 3590 (111th): Patient Protection and Affordable Care Act was pushed through a completely divided Congress (219 in-favor : 212 opposed).

Now, do you (or anyone you know that follows legislation practices) recall any other similar “legislation” that sought to control or dictate was in the “best interest” for you? (Yes… we are talking to you NEW YORK CITY.)

The tax bill that was signed into a “law” by President Obama on March 23, 2010 should have never made it into Law nor onto the desk of the President Obama (if legitimate government utilizing proper “checks and balances” were in-place) .

Important Side Note: Main Stream Media (#MSM) Joins in on Public Deception… President of the United States (POTUS) Addresses Joint Session of Congress on September 9, 2009

On September 9, 2009 the main stream media joins in on the ACA charade that growing majority are starting to realize has little to do with “health care” and more to do with the economic devastation of middle class America.

Numerous agencies published the “text”, “full text” and video versions of the speech recited by POTUS a few hours earlier on September 9, 2009, to a joint session of Congress (both House & Senate). Some of those #MSM reporting sources are as follows:

• Obama’s Health Care Speech to Congress, The New York Times, September 9, 2009
• Transcript: Obama’s Health Care Speech, CBS News, September 9, 2009

The timely reporting of this special speech as reported & posted by the #MSM appears to serve two purposes:

1. To suggest to the general public that health care legislation will be introduced & debated as is dictated by Constitutional Law.
2. A form of legal “notice” to the public of pending legislation to the United States Populace.

However, both purposes fail as the legislation described in the speech was not complete and the legislation was passed through the Senate on a gutted-bill, forced back through a divided Congress & illegally signed by the Executive Branch.

Notice the timing of the September 9th speech, given 8 days before a hijacked tax bill, that had 0% in common with the “Patient Protection and Affordable Care Act”,  was introduced in Congress on September 17, 2009. That unrelated bill (summarized above) passed the House on October 8, 2009 before being completely gutted, exchanged with a completely new tax bill, previously unknown to Congress, and was forced through the Senate on December 24, 2009, as the night before Christmas Joke on America.

The timing, media selective participation in reporting efforts & hysteria surrounding this legislation indicates the possibility of  a conspiracy to commit fraud could exist between portions of the #MSM & Federal Government.

Now, don’t get excited by the use of the word “conspiracy,” especially when that word is used correctly. Google accurately defines conspiracy as follows:

In Closing…

This legislation failed Constitutional Law in it’s development and is therefore illegal.

Furthermore and even more disturbing is the check and balance between the Executive & Legislative Branches of the United States Government as intended have been circumvented which is an indication of intended or intentional deception.

For those reasons & details presented above, this is why ACA has been labeled as being a fraud perpetrated on the American population in the form of an Illegal Tax Law.