Supreme Court Asked to Punish Texas Over Use of ‘Trump Judges’

Chief Justice John G. Roberts Jr. famously declared that there were no Trump judges or Obama judges. He is about to get a real test on that matter.

A law professor has filed a brief with the Supreme Court urging the justices to rule against Texas in a lawsuit over the Biden administration’s handling of immigration enforcement. The lawsuit claims Texas Attorney General Ken Paxton has been unethically “judge shopping” by looking for Republican-appointed judges to handle his cases.

Stephen Vladeck, a professor at the University of Texas School of Law, said Mr. Paxton looks for courthouses dominated by Republican judges, many of them appointed by President Trump, to improve his chances of success.

Steve Bannon criminal contempt trial: Prosecution rests case
Mr. Paxton has filed 27 cases against President Biden‘s policies, 19 of them in Texas. Of those, all but one is being overseen by a judge appointed by a Republican president, Mr. Vladeck said.

“This is more than forum-shopping, it is thinly veiled judge-shopping,” the professor wrote in a brief filed with the high court. (Read more from “Supreme Court Asked to Punish Texas Over Use of ‘Trump Judges’” HERE)

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Is the IRS Preparing to Torpedo the Right to Counsel?

The Internal Revenue Service (IRS) recently announced that it updated the Dirty Dozen, the agency’s list of consumer alerts for scams designed to target innocent taxpayers with fraudulent schemes. Historically, the list included obviously illegal plots to defraud taxpayers in various ways, including IRS impersonation scams, email attacks, ID theft, and Social Security Numbers, etc.

The news release announcing a change to the Dirty Dozen list goes well beyond merely alerting taxpayers to illegal schemes. The statement blatantly encourages citizens to avoid consulting counsel with regard to a delinquent tax problem.

Is the IRS attempting to chill one’s constitutional right to counsel?

For reference, there are millions of people facing assessments of unpaid taxes. When such assessments are not immediately paid, citizens face enforced collection, including wage and bank levies, property seizures and tax liens. These citizens also face the assessment of penalties and interest, which often double or triple the amount of the original tax.

Most people are unaware of the various programs available to mitigate enforcement action and in certain cases, reduce or eliminate one’s debt. Such programs include, among other things, an installment agreement, penalty abatement relief, audit reconsideration appeals, etc.

The IRS’s flagship settlement program is known as the Offer in Compromise (OIC). An OIC allows a qualifying citizen to reduce one’s tax debt in any one of four circumstances. Most commonly, an OIC is used when the tax cannot be paid due to lack of sufficient income or equity in assets.

This is the program the IRS specifically targeted when encouraging delinquent citizens to avoid consulting counsel. The news release headline says it all: “IRS urges anyone having trouble paying their taxes to avoid anyone claiming they can settle tax debt for pennies on the dollar…” This plainly suggests that a claim of the ability to settle one’s debt for less than is owed is fraudulent.

But it’s the headline itself that’s misleading. The IRS’s own website plainly states that the OIC program “…allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability or doing so creates a financial hardship. * * *”

This language defies the news release’s allegation that tax pros offering OIC representation “make outlandish claims” that they are able to “settle a person’s tax debt for pennies on the dollar.” But that’s exactly what the program allows one to do, as explained by the IRS’s own website. If one owes $100,000, but can pay just $10,000, he may can settle through an OIC for ten cents on the dollar—i.,e., “pennies on the dollar.”

Even worse than suggesting that OIC settlement claims are per se bogus is the claim regarding the IRS’s ability to help. Commissioner Rettig is quoted as saying, “No one can get a better deal for taxpayers, than they can usually get for themselves by working directly with the IRS to solve their tax issues.” Does anybody really believe that the IRS is going to “get you a deal” if you just ask for it? In other words, Rettig suggests that people should avoid getting independent professional help. Instead, they should take to heart the old adage that promises, “I’m from the government and I’m here to help.”

Imagine the outrage of the A.C.L.U. if any state or local law enforcement agency issued an announcement saying nobody ever need consult counsel when dealing with such agency, because no lawyer can get them a better deal than “they can get for themselves.”

Rettig goes on to say that, “Taxpayers can check online for their best deal…” And though it’s true that the OIC is discussed on the IRS’s website, it’s equally true that the site provides no specific instructions on how to prepare, submit, argue, negotiate, or appeal an OIC. Moreover, it is impossible to submit an OIC online because one must be filed in writing only with the IRS’s Centralized Offer in Compromise (COIC) Unit, which is a specialized group of examiners who work only Offer cases. Thus, the idea that one can win an OIC online is completely inaccurate and misleading.

The commissioner follows with a statement lacking any credibility whatsoever. He says that (in additional to checking on line), taxpayers can call a “…specialized collection line where they can get fast service by using voice and chat bots or opting to speak with a live phone assister.”

We all know there’s no such thing as “fast service” when it comes to calling the IRS. Wait times for collection representatives are just about as bad as they can be. But even you were able to get a call answered quickly, there’s no such thing as a “specialized collection line” for OICs. As stated, they must be submitted in writing and are handled exclusively by COIC Unit examiners. It is simply impossible to get an OIC accepted over the phone of through the website.

How about the claim that taxpayers can get their best deal “by using voice and chat bots”? Is the commissioner suggesting that citizens can use the agency’s artificial intelligence tools to win acceptance of an OIC? This too is simply impossible, not just for the reasons already stated, but because every person’s financial facts and circumstances are unique. OICs take into account the totality of one’s personal and business financial circumstances as reflected in a lengthy financial statement that must be submitted with the OIC application. Most citizens are unable to navigate the byzantine financial statement without experienced counsel.

People in tax trouble generally find out the hard way that the IRS does not work like other law enforcement agencies. When dealing with the IRS, the burden of proof is on you. When it comes to an OIC, you must prove you qualify for the program and that the amount offered is the most you can reasonably expect to pay under the circumstances. The IRS doesn’t have to prove you don’t qualify.

And there’s the rub. The OIC program is controlled by Internal Revenue Code section 7122 and regulations thereunder, along with the massive Internal Revenue Manual, which has a lengthy chapter dedicated to the processing, evaluation, investigation, and acceptance or rejection of an OIC—plus the appeal rights associated therewith. This means that people often need professional help to get through the IRS’s labyrinth of rules, regulations, procedures, forms, and instructions.

To suggest that one can get an OIC using “voice and chat bots” controlled by artificial intelligence is, at best, a farce.

One might ask what might be driving the IRS’s effort to chill the right to counsel. After all, the right to counsel is one your ten essential taxpayer rights, as expressed in code section 7803(a)(3). My answer is to point to the tax gap. The IRS and the Treasury Department are apoplectic over the reported tax gap of $400-plus billion. They’re promising more agents, increased audits, and more aggressive enforcement to get the money.

On the other hand, an accepted OIC means the citizen actually pays less in taxes than he otherwise might. In 2020 and 2021 respectively, the IRS accepted just about 15,000 OICs. In every single case, the settlement meant the taxpayer paid less than was owed. The IRS does not tell us how much was written off, but it must have been billions of dollars. And they want the money.

By chilling the right of representation, and in turn inducing people to simply call the IRS to “make their best deal,” the IRS will force more people into long term installment agreements which they often cannot afford. Such agreements often make matters worse because people end up using current tax revenue to pay their back tax debt, which only leads to more delinquent years.

Make no mistake about it. The IRS is working to chill your right to counsel by branding all tax pros as frauds and scammers. They’re doing it because they intend to make every effort to squeeze blood from a turnip.

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POLL: Americans Trust Armed Civilians More Than Police, Feds In Mass Shootings

More Americans trust a good Samaritan armed with a gun to stop a mass shooting than police officers or federal agents, according to a Convention of States Action and Trafalgar Group survey of Americans.

The new survey found that the more Americans believe that their best protection in a mass shooting situation is a nearby armed civilian, rather than police officers or federal agents. Respondents chose armed citizens as the best protection by 41.8% to 25.1% for local police and 10.3% for federal agents. About a fifth people chose none of the above – 22.8%.

Democrats and Republicans differed widely on who each believed best able to protect them during a mass shooting. A plurality of Democrats, 33.9%, picked none of the above. Local police came in second with 31.4%.

Republicans, on the other hand, trusted an armed civilian far more than local police or federal agents. Of the GOP respondents, 70.4% said they trusted an armed civilian most to protect them and their families. Just 1.6% of GOP respondents said that federal agents were in the best spot to protect them.

The pollster surveyed 1,078 likely general election voters from July 7-10, with a margin of error of 2.9%. (Read more from “Poll: Americans Trust Armed Civilians More Than Police, Feds in Mass Shootings” HERE)

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Twitter Shreds Prince Harry for Condescending UN Speech Against America

Conservative Twitter users tore Prince Harry apart after the British royal gave a condescending speech trashing the Supreme Court’s reversal of Roe v. Wade during a U.N. summit on International Nelson Mandela Day.

During the Monday speech, Harry seemed to take aim at conservative policies. He claimed that “the rolling back of Constitutional rights in the United States,” in addition to Russia’s invasion of Ukraine, represent a “global assault on democracy and freedom.” . . .

Conservatives online read between the lines and reminded Prince Harry exactly how Americans feel about the British being involved in their politics.

British Journalist and former Margaret Thatcher aide, Nile Gardiner, accused Harry of promoting propaganda at his wife’s behest. He wrote, “Prince Harry is increasingly just a mouthpiece for Meghan Markle’s far Left political activism. A sad decline for a once hugely popular figure. He is actively undermining the British Monarchy by engaging in political attacks, and damaging the image of the Royal Family in America.”

“Go home, little boy,” wrote American Greatness senior fellow Ned Ryun.

(Read more from “Twitter Shreds Prince Harry for Condescending Un Speech Against America” HERE)

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Did Tucker Carlson Deal A Death Blow To Nikki Haley’s Presidential Hopes? (VIDEO)

Daily Caller co-founder and Fox News host Tucker Carlson may have dealt a death blow to former United Nations ambassador Nikki Haley’s presidential hopes Friday in Iowa.

Tucker first made the statements about Haley during his keynote speech at the Family Leadership Summit in Des Moines, Iowa, on Friday night.

“We spoke about some of the politicians who should not be running the country. We were pretty specific about it,” Tucker reiterated on his Monday night show, a clip of which was shared on Twitter.

“I’ll never forget it as long as I live,” Tucker told the audience in Iowa, before quoting Haley’s statements after George Floyd’s death and the subsequent riots that overtook many American cities in 2020. “And then she said, ‘in order for healing to occur, what happens next must be personal and painful for everyone.’” (Read more from “Did Tucker Carlson Deal a Death Blow to Nikki Haley’s Presidential Hopes?” HERE)

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Abortionist at Center of Ohio 10-Year-Old Rape Victim Moves to Sue Attorney General

Fox 59 reported Tuesday that Dr. Caitlin Bernard has moved to sue Indiana Attorney General Todd Rokita for defamation. Dr. Bernard is the abortionist at the center of the incident involving a 10-year-old girl from Ohio who traveled to Indiana for an abortion after becoming pregnant through rape. She’s filed a tort claim, which is considered the first step in such a lawsuit. “The tort claim filing triggers a 90-day investigative period for the state to settle the claim, after which a lawsuit can be filed,” the report mentioned.

According to the local news outlet:

“Mr. Rokita’s false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation,” said Attorney Kathleen A. DeLaney, who represents Bernard.

The lawsuit comes on the heels of a cease and desist issued by DeLaney, which was itself a response to Rokita’s continued public comments aimed at Bernard. Rokita went on Fox News on July 13 and called Bernard an “abortion activist acting as a doctor” and said she had a “history of failing to report” and even threatened to go after Bernard’s license.

(Read more from “Abortionist at Center of Ohio 10-Year-Old Rape Victim Moves to Sue Attorney General” HERE)

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House Dems Pass Same-Sex Marriage Protection Bill, Shore up Messaging for Midterm Campaigns

House Democrats on Tuesday passed a bill to codify same-sex marriage rights, calling it a preemptive strike against a conservative Supreme Court that they say won’t stop at overturning the nationwide right to abortion.

It is also the latest measure passed by House Democrats that has no chance of surviving the Senate but telegraphs the party’s values to voters.

The Respect for Marriage Act, which passed 267 to 157, would repeal a Clinton-era law that defines marriage as a union between a man and a woman. Forty-seven Republicans also approved the measure.

Gretchen Whitmer to veto funding for adoption alternatives, pro-life pregnancy centers
It follows several messaging bills that Democrats pushed through the House to demonstrate their priorities including legislation protecting abortion access and curbing access to guns.

“In the absence of the House acting, often nothing would occur,” said House Democratic Caucus Chairman Hakeem Jeffries of New York. “That, in fact, is the case with guns and, in fact, in so many other areas.” (Read more from “House Dems Pass Same-Sex Marriage Protection Bill, Shore up Messaging for Midterm Campaigns” HERE)

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US Housing Market Could Be Headed For ‘Meltdown’: Economist

The US housing market could be on the verge of a “meltdown,” an economist warned following this week’s release of data showing a collapse in home builder confidence in July.

US home builder confidence plummeted 12 points to 55 in July, according to the latest data from the National Association of Home Builders/Wells Fargo Housing Market Index released Monday.

Sentiment has declined for seven straight months and is now at its lowest level since May 2020 — with more trouble potentially ahead for homeowners.

“Homebuilders have been in denial about the extent of the drop in demand, despite mortgage applications falling by more than a quarter over the first half of the year, with no end in sight to the decline,” said Ian Shepherdson, chief economist at Pantheon Macroeconomics. “Now, they are acknowledging reality.”

“Pretty soon, anyone who has bought a home in recent months will be sitting on a loss,” Shepherdson added. (Read more from “US Housing Market Could Be Headed For ‘Meltdown’: Economist” HERE)

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The Left’s Latest Frontier in the Trans Craze? Ban Misgendering Skeletons

Was Julius Caesar male or female? Be careful not to assume, or you might offend the dead emperor.

These are the new rules being thrust upon academics, as chronicled by the conservative education-based publication The College Fix on Monday.

“Gender activists push to bar anthropologists from identifying human remains as ‘male’ or ‘female,’” the headline reads.

The paper outlines a movement in anthropology to adopt the left’s new orthodoxy on sex, by which it already dishes out retribution against those who refuse to play along.

“As soon as ancient human remains are excavated, archaeologists begin the work of determining a number of traits about the individual, including age, race and gender,” The College Fix reported. “But gender activists argue scientists cannot know how an ancient individual identified themselves.”

A group called the “Trans Doe Task Force” has begun the process of exploring “ways in which current standards in forensic human identification do a disservice to people who do not clearly fit the gender binary.” (Read more from “The Left’s Latest Frontier in the Trans Craze? Ban Misgendering Skeletons” HERE)

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Bidenflation Threatens Almost Half of Small Business Owners

Almost half of small business owners said their businesses are on the brink of closing after inflation last month hit another record high.

A report published Thursday by the Alignable Research Center found that 47 percent of small business owners say they may close by the fall, marking a 12-point increase from last summer, when only 35 percent of business owners said they were at risk. More than half, meanwhile, said they expect to make less money than they did last year.

More than 60 percent of respondents said inflation has damaged their business more than the COVID-19 pandemic, the report showed. Inflation shot up to 9.1 percent in June, according to the Bureau of Labor Statistics. Economists, including former Obama administration officials, have said President Joe Biden’s nearly $2 trillion stimulus package contributed significantly to skyrocketing inflation. (Read more from “Bidenflation Threatens Almost Half of Small Business Owners” HERE)

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