Opposition to #CookvTait requires one to address the argument: All citizens are subjected to the same tax laws

Assistance required. Many people defend (not justify) citizenship taxation on the basis that:

  1. All U.S. citizens are subject to the same provisions of the Internal Revenue Code
  2. Americans abroad are U.S. citizens

Therefore, Americans abroad should be subject to the same provisions of the Internal Revenue Code as Homelanders.

Or in Homelanderspeak:

All U.S. citizens are subject to exactly the same set of tax laws. What could be unjust about that? We are ALL citizens. Therefore, we should ALL be subject to the same set of laws.

Could you please address your mind to the following question:

What is the best response to this argument? How can one best explain that it is wrong to justify citizenship taxation on the basis that ALL citizens are subject to it in the same ways?

———————————————————————————————————————————-

The above tweet references the following recent comment on a Robert Wood’s blog.

I’m not sure why you believe the tax law you’re being asked to adhere to is unequal. It’s the same tax system that all other citizens are held to, except you get income exemptions due to not being resident. I agree that relinquishing should not be a financial burden. However, if the burden of complying is less than the one time $3000 cost of relinquishing, then how much of a burden is it?

This is very similar to the rationale used by Judge Rose in denying the injunction in the Republicans Overseas FATCA lawsuit.

You will find Judge Rose’s decision here. Commentary on the ADCSovereignty blog included:

You may recall the wisdom from 17th Century France (I wasn’t there) …

“The law in its majesty equality prohibits both the rich and the poor from sleeping on the park bench.”

Which Judge Rose carried forward into 21st Century America (I am here) …

FATCA in its majestic equality requires both Homelanders and Americans abroad to report their “foreign” bank accounts.

In the same way that the practical impact of the “park bench” law is to apply only to the poor, the FATCA reporting requirements apply only to Americans abroad.

In other words, Judge Rose is NOT looking to the effect of the law to consider a denial of equal protection.

Your thoughts would be greatly appreciated.

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One thought on “Opposition to #CookvTait requires one to address the argument: All citizens are subjected to the same tax laws

  1. Japan T

    Turn the argument back on to them. Ask if they must self report their locally held assets to the Treasury’s Financial Crime Network under pain of no less than $10,000 per every error or ommission. When they answer “No” ask them why they feel it right that you have to.

    This has had no effect on those I have told this to, however, but it should.

    Reply

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