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Is the Internal Revenue Code Too Complex To Be Constitutional?

By Patti Spencer on January 19, 2011

Jack Hough writes for SmartMoney:

“Douglas Shulman says he uses a hired tax preparer because the U.S. tax code is so complex. That’s a bad sign. He’s the I.R.S. commissioner.”

Read more: Tax System: Too Complex To Be Constitutional? – SmartMoney.com

“Consider the following two sentences from different sources:

1. “[A] statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law.”

2. For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an organization described in section 501(c)(4), (5), or (6) which would be described in paragraph (2) if it were an organization described in section 501(c)(3).

The first sentence comes from a 1926 Supreme Court decision that helped establish the right of citizens to known what laws mean. The second comes from the tax code.”

  • Posted in:
    Probate & Estate Planning
  • Blog:
    Pennsylvania Fiduciary Litigation
  • Organization:
    Spencer Law Firm
  • Article: View Original Source

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