The difference that was in my mind is that law enforcement will, eventually, haul you off to court from the jail. No public defender with the irs, either.
This is not true. In order to take your assets the IRS must first show that you owe. Now if you file tax returns showing a balance due, that’s easy. But if a Hemp dispensary claimed the income AND the expense, then the IRS would have to 1. Audit them. 2. Issue a proposed deficiency, 3 Allow them to go to Appeals. 4. File a Statutory Notice of Deficiency (which allows the person to file with Tax Court to put a halt to the whole proceedings, 5 Assess the taxes. 6. Make collection attempts. 7. File a lien. 8 File a notice to sieze the assets.
Note that step 4. If you fell your proposed Deficiency is incorrect you can go to Tax Court, where a Federal Judge rules on whether or not you actually owe. It’s true that if you don’t do anything, and don’t file with Tax Court, the IRS can go ahead and assess.
Everything you say here agrees with what I posted - the sale of marijuana may be allowed at the state level, but it is still illegal at the federal level. The paper is entirely correct. If you need a cite, just go look up the section of the US code that defines controlled substances.
If there is a cite within the controlled substances act that applies here, the onus is on you to provide it. Just because something is said by the news does not make it true. The reasons the things I say agree with what you’re saying is because we both read poorly written news articles that don’t justify the claims they make. They have no bearing on answering my OP.
Re-read it. Nowhere was a suggestion made that due process did not exist. You appear to be responding to points not actually ever raised in the thread.
Let’s keep in mind that the context of the comment was in reference to a question about whether or not the concept of allowing or disallowing deductions were constitutional and whether or not one has a right to a deduction.
My assertion is that the government levying a tax is a taking of property, and is thus subject to due process of law.
I then said the 5th amendment clearly states property (among life and liberty) cannot be taken without due process. This is a fact, read the 5th amendment, there is no debate about this.
I then asked jtgain whether they agreed it was an established right to not have your property taken without due process of law.
Right, you can’t have your property taken without due process of law. And here’s the due process:
In order to take your assets the IRS must first show that you owe. Now if you file tax returns showing a balance due, that’s easy. But if a Hemp dispensary claimed the income AND the expense, then the IRS would have to 1. Audit them. 2. Issue a proposed deficiency, 3 Allow them to go to Appeals. 4. File a Statutory Notice of Deficiency (which allows the person to file with Tax Court to put a halt to the whole proceedings, 5 Assess the taxes. 6. Make collection attempts. 7. File a lien. 8 File a notice to sieze the assets.
In other words, Congress can pass a law saying that pretty much anything is or is not a legit tax deduction. The 16th Admendment gives them that right.
What part isn’t due process? ("You keep using that word, I do not think that word means what you think it means.")