Comment: Irrelevant.

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fireant's picture

Irrelevant.

Any discussion of the nature of the tax overlooks the fundamental fact courts have no authority to impose a tax. The statute was passed specifically NOT as a tax, but a penalty. It is the court which declared it a tax, and all taxation must originate in the House and pass both chambers. It matters not what type tax it is or if it measures up to constitutional requirements. It is invalid due to it's method of implementation.

Undo what Wilson did