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SCOTUS May Curb Treasury Civil War-Era Lawsuit Shield

Talking Tax

English - May 28, 2020 20:48 - 11 minutes - ★★★★ - 96 ratings
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Trying to get a court injunction against an IRS rule that hasn't been used yet to take your taxes? You may be out of luck.
A law dating back to the mid-1800s specifically forbids taxpayer lawsuits that challenge many Treasury Department actions that haven't been enforced yet. The idea behind the law is that, if litigation were to hinder the department's ability to collect revenue, the government could grind to a halt.
This law is about to get a lot more scrutiny in the coming months now that the Supreme Court accepted a case for its next term that challenges its constitutionality. On this week's episode of Talking Tax, reporter Aysha Bagchi speaks with host Siri Bulusu about why the Supreme Court is taking up this case now and about what could happen if it rules against the Treasury Department.

Trying to get a court injunction against an IRS rule that hasn't been used yet to take your taxes? You may be out of luck.

A law dating back to the mid-1800s specifically forbids taxpayer lawsuits that challenge many Treasury Department actions that haven't been enforced yet. The idea behind the law is that, if litigation were to hinder the department's ability to collect revenue, the government could grind to a halt.

This law is about to get a lot more scrutiny in the coming months now that the Supreme Court accepted a case for its next term that challenges its constitutionality. On this week's episode of Talking Tax, reporter Aysha Bagchi speaks with host Siri Bulusu about why the Supreme Court is taking up this case now and about what could happen if it rules against the Treasury Department.

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