However you feel about the Patient Protection and Affordable Care Act (PPACA), you can’t help but be fascinated by seeing the checks and balances of the U.S. government at work. Or maybe that’s just me.
For those of you who have been working nonstop during tax season, I’ll give you a quick summary of what the Supreme Court hearings were about.
Whether the Anti-Injunction Act (AIA) prevents the court from considering the case. How I understand the AIA is that a person can’t fight a tax in court that hasn’t been paid yet. The argument is whether or not the Supreme Court can hear a case when no tax has been accessed or paid, and also whether or not the penalty for not purchasing health insurance is a penalty or a tax.
Individual Mandate- The question is, did Congress overstep its power by including requirement to purchase health insurance or pay a penalty? Also, is the penalty a tax, or a penalty.
PPACA Viability- If the Supreme Court strikes down the individual mandate, does that mean that the entire act is null and void? Or does it mean that the rest of the PPACA can remain without the mandate?
For a tax guru like myself it’s been a little like the Super Bowl of tax law. Unfortunately we will not know the results of the hearings until summer. Late June at the earliest. Until then, we will all be waiting with anticipation or at least I know I will.
Did you make it till the end? Gold star for you. Your sixth grade goverment teacher would be proud.