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Is the Individual Mandate Really Mandatory?

By Jordan M. Barry and Bryan T. Camp
Published: June 25, 2012
TaxAnalysts.com

The Patient Protection and Affordable Care Act of 2010 (PPACA) has been the center of a tremendous amount of controversy. The 2,400-page legislation’s most controversial provision requires most U.S. citizens to have ‘‘minimum essential coverage’’ — that is, a base level of health insurance coverage — for themselves and their dependents. That provision, which has been termed the ‘‘individual mandate,’’ is enforced through a penalty administered through the tax system and enforced by the IRS.

Ordinarily, the IRS has broad powers to collect taxes from taxpayers. However, because of the intense hue and cry surrounding the individual mandate, the PPACA’s drafters imposed specific limitations on the methods that the IRS can use to collect the tax penalty. Those provisions are not a model of clarity, and they have created considerable uncertainty about what, precisely, will happen to a taxpayer who refuses to pay the tax penalty.

This article addresses that issue...Continue

(Note: This Article was Published Three Days Prior to the U.S. Supreme Court Deciding P.P.A.C.A.'s Constitutionality.)

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Interesting Sentence:

"The exact amount of the tax penalty depends on the taxpayer’s particular circumstances, including her family size and the length of time that she went without insurance. Some taxpayers are exempt from the penalty altogether, but in all cases the penalty is subject to a statutory cap. That cap begins at less than $300 per year but rises to $2,250 in 2016, after which point it is indexed to inflation."

What, exactly, is that going to do to healthcare in 5-10 years as the dollar goes to the dust bin of history?

~Good Night, And Good Luck~

No Its not mandatory

So long as any person, or group is exempt from it.

What does the 13th amendment say?

This article is a perseverance of propaganda, because it says that Obamacare is unenforceable..

The Income tax started out the same way....unenforceable.

Make no mistake... they have purposely designed loopholes into this law for select groups, and to get other groups such as the libertarians to accept this loose fitting rope around your neck.

Make no mistake they will tighten the rope around your neck. That is its purpose. Loopholes that you can avoid for some time until every one accepts this..Then they will tighten it up.

I'm so sick of this INCREMENTALIST Drivel.

____

"Take hold of the future or the future will take hold of you." -- Patrick Dixon

Interesting

well put. I read the article with an open mind and found some rather honest sections on their assessment of the situation, when it comes to the tax liability.

I agree with your knee jerk reaction that this is a evidence of our slow and steady boiling in the pot. The 16th Amendment and the implementation of the Income Tax was "voluntary" just as this Pile of Law (P.O.L.) has its "exemptions".

I don't quite get the 13th Amendment reference, only that i can guess you actually meant the 14th Amendment, whereas the Federal Government was given the authority to create all "persons" with two legal entities in this country with out any of us knowing it...the boiling pot is getting warmer. This article is merely pointing out, in the average senator/congressman/president/policy makers mindset, the current situation of individuals deciding what they will or not do with this new bull shit law.

Take of it what you will. It has useful information. Stuff you can interpret to change the minds of others.

~Good Night, And Good Luck~