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Soupy Liberaltarian Donating Member (76 posts) Send PM | Profile | Ignore Thu Mar-19-09 02:38 PM
Original message
Constitutionality of taxing bonuses?
Freeperville seems to be convinced that the taxing of bonuses would violate the ex post facto and bill of attainder clauses of the Constitution.

Is there any merit to their claims?
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:40 PM
Response to Original message
1. No. As I understand it, tax laws can be written
Edited on Thu Mar-19-09 02:41 PM by closeupready
to tax income which was earned prior to the tax law being passed, as long as it is within that tax year.

A bill of attainder relates more to criminal law.
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rolltideroll Donating Member (410 posts) Send PM | Profile | Ignore Thu Mar-19-09 02:43 PM
Response to Original message
2. If they say it, the exact opposite will happen
If they predicted the sun will rise tomorrow, I would get ready for eternal darkness.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:44 PM
Response to Original message
3. United States vs. Carlton.
Retroactive taxes are constitutional.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:45 PM
Response to Original message
4. those are mighty big words for the intellectually challenged freeps
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:48 PM
Response to Original message
5. If this qualifies as a bill of attainder, then it is unconstitutional.
I don't know enough about the law to judge whether or not this is what has happened.
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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:04 PM
Response to Reply #5
13. Bonuses are Income. End of Argument.
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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:49 PM
Response to Original message
6. I doubt it.
But I was planning to ask my Business Law professor if this would constitute "confiscatory" taxing, which is supposed to be unconstitutional, I believe. I asked him about it before when the subject came up. I asked what constitutes confiscatory? 90%? 99%? 99.9%? He didn't really give me an answer.

But the fact that these taxes have been passed with the SOLE PURPOSE of confiscating most of the bonuses, I imagine it will at least be challenged in court.
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Vickers Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:50 PM
Response to Original message
7. I need to get my eyes checked: I read it as *waxing* bonuses.
:crazy:
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BOSSHOG Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:51 PM
Response to Original message
8. Reenlistment BONUSES for Sailors are taxable
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lazer47 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:59 PM
Response to Reply #8
10. Add this to it BOSS,, If a Solider, Sailor, Airman or Marine
Edited on Thu Mar-19-09 02:59 PM by lazer47
Cannot fulfill that re-enlistment, the Government that has already taxed the bonus, will then want the bonus money back, and they won't give back the tax,,,,,,
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fumsm Donating Member (282 posts) Send PM | Profile | Ignore Thu Mar-19-09 02:52 PM
Response to Original message
9. Not on the upper class.
Only ok for labor unions.
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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:03 PM
Response to Reply #9
12. The Country Has the Right to Levy Taxes, Period.
They can be as high as they want. In the old days of Ike and before, we had a true progressive tax structure, with something like 91 percent at the top rate.

Of course few people actually paid that much, even the rich, so they gave a lot of money away, thus helping the economy that way.
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:02 PM
Response to Original message
11. Freepers make up their own damn constitution
For their tiny imaginary little world.
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Zywiec Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:06 PM
Response to Original message
14. How about taxing people that don't live in the United States?
:rofl:

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