On Tuesday, December 5th, The United States Supreme Court began hearing oral arguments in the case Moore v. The United States, a case that could conceivably usher us down a dark, dismal, and dangerous dirt path riddled with potholes to poverty and copious cracks and fissures imbued with communism and fascism should the Democrat's proposed Biden tax on “unrealized capital gains,” an unconstitutional “annual tax” be, in effect, realized, which would consequently, as an immediate upshot, endow Congress with not only unlimited taxation powers but would also, for obvious reasons, inarguably spearhead the socioeconomic degradation, destruction, and ultimate collapse and unfettered financial ruin of America as we know it.
Indeed, toppling our economy as our nation devolves into a dystopian hellhole where Americans languish in a pervasive state of suffering, injustice, and soul-crushing hand-to-mouth indigence, controlled and dependent on the powers that be, as career politicians live the high life, wielding their newfound, infinitely boundless powers to hegemonize the populace, that is, of course, should the Supreme Court rule in favor of the Biden administration and conversely against the Moores.
At this point, you might be asking yourself why and/or how one ruling in one case relevant or pertaining to one couple could possibly lead to or have an impact, let alone a catastrophic impact, on all Americans and our nation as a whole. Well, this is why and/or how: you see, such a ruling would inadvertently set an extraordinarily harmful precedent as it would, in effect, open the front door, the back door, the barn doors, and Pandora’s box, green lighting Congressional Democrats' unscrupulous bid to ram through, ratify, and make law Biden’s unconstitutional ANNUAL “UNREALIZED capital gains tax” on all Americans, and not just on, as Democrats would have you believe, the so-called rich, or whatever the Democrats latest redefined interpretation or classification of “the rich” is. It changes with the wind, dependent upon how much money or, rather, how much green tush-tissue the Democrats need to waste on utter BS and then subsequently flush down the proverbial toilet and into the sewer of despotism, political kickbacks and money laundering.
If SCOTUS adheres to the Constitution, they should rule in favor of the Moores as Article I, sections 2, 8, & 9 does not permit Congress, much less a bunch of far-left socialists masquerading as Democrats, to discriminate and single out one person, one couple, or one group or class of people, whether it be the Moores or the rich, by levying this proposed unconstitutional ANNUAL “unrealized capital gains tax” on them and not on the other 340 million Americans scattered across all 50 states in our union, and why? Well, because of a Constitutional Provision known as the “Rule of Apportionment,” which simply means that taxes must be spread evenly, you know, fairly, among every person in every state, in proportion to the state’s population.
-Article I, Sections 2 & 9 of the Constitution created the “Rule of Appointment.”
While:
-Article I, Sections 8 & 9 denies Congress the power to impose a direct tax on anyone unless it is “apportioned.”
Bringing us to:
-The 16th Amendment, which was deliberately established to get around the “Rule of Apportionment” in order to grant Congress the authority to collect “income taxes;” however, “UNREALIZED gains” are not considered “income” because they are not in hand and at one's disposal to benefit from, ergo, an annual “UNREALIZED” capital gains tax would be wholly unconstitutional.
Indeed, “Moore v. The United States" is not merely about a couple with the last name Moore or whether or not they should be punished and forced to pay more taxes on top of more taxes because they were studious and sophisticated enough to know that investing their already taxed money in stocks was a far wiser alternative to, say, wasting it on chocolate chip ice cream, cocaine, and hookers; it’s also not only about whether the government ought to reimburse the Moores the almost $15,000 that they were steamrolled into doling out to the IRS in what is referred to as a mandatory repatriation tax on capital gains; but again, gains that, in this particular case, were “UNREALIZED” as the Moores did not collect on or benefit from said gains, ergo not income, ergo not taxable, or, at least, not until such time as they opt to sell and collect on the dividends… you know, the profits, money in hand to spend on, say, chocolate chip ice cream, cocaine, and hookers.
Instead, this case is more about more taxes on top of more taxes on top of ALL of us; it’s about “what” might potentially materialize from this particular suit, and that “what” being a Supreme Court precedent, a rather pernicious precedent that could ultimately foment not just a massive but a calamitous overhaul of our tax system with the Democrats proposed, unconstitutional ANNUAL “UNREALIZED capital gains tax” levied on quite literally all of our tangible and intangible earthly possessions, assets, and investments, like, for example, gains on the value of our homes, of our jewelry and collectibles that we may have inherited or acquired over the years, and/or gains on our investments in stocks and of mutual funds, etc., the list goes on.
As it stands, I am quite sure that most folks are not only mildly aware, but moreover, are astutely and painfully aware, or at least those of us who pay our taxes are, that under 26 U.S. Code § 1222, taxpayers are subject to a capital gains tax; however, ONLY when they sell their assets. Conversely and juxtaposed, the proposed Biden tax, which, if realized, would, in effect, irrespective of whether or not we choose to sell and collect on, or not sell and not collect on our assets and investment dividends, mandate an annual 20% mark-to-market UNREALIZED capital gains tax on everyone, and not exclusively levied on the rich, and as discussed earlier, on quite literally all of our earthly possessions, from the roof over our heads, the clothes on our backs, to the shoes on our feet.
Yes indeed, ostensibly everything we own will be taxed on top of taxed on top of taxed every year for the rest of our natural born lives, say for the skin on our bones, which, I’m quite certain, given enough time, the left will come up with some inventive and contrived way to tax that too… you know, for the sake of humanity, the planet, and Pelosi’s personal favorite, “It's for the children,” a one-liner that she predictably and manipulatively evokes and regurgitates ad nauseam, every single solitary time she attempts to get one of her porked-up left-wing legislative bills across the congressional finish line and onto the President’s desk for signature… of course, all while she and her Democrat colleagues deliberately turn a blind eye to and callously disregard the over 40,000 Congolese children who are being exploited, abused, and poisoned every day as their little hands and bodies labor through and mine the cobalt and copper needed to run their virtue-signaling chauffeur-driven electric vehicles… what a vicious world to be born into… so much for the children, Nancy! —What a Hypocrite.
The federal government's argument in Moore v. The United States is that the company the Moores invested their money in realized the profits or gains even if the Moores did not, and so, therefore, according to the Biden Administration, the couple should or could be taxed on it, which they were in violation of the 16th Amendment and Article I Sections 2, 8, & 9 of the United States Constitution. Ergo, a ruling in favor of the government and against the Moores' would, sooner rather than later, affect all of us as a consequence, regardless of personal wealth or lack thereof, as the government’s need, appetite, and greed for additional revenue grows… you know, to pay for all of its socialist priorities and programs, and lest we forget those kickbacks that make career politicians members of the multi-millionaire club overnight.
Think about it: if such a tax law were to come to fruition:
1— How long do you honestly think it will take after Democrats have financially drained, depleted, and bankrupted the rich, otherwise known as the “job creators and the lifeblood of our economy,” before the Biden Administration and Congressional Democrats determine or decide that it's time to impose their unconstitutional annual “UNREALIZED” capital gains tax on ALL Americans? —I’m betting inside 5 or 10 years, perhaps even sooner at the rate Democrats are going.
2— How would the IRS enforce such a tax?
3— Who would assess or determine the value of all our tangible and intangible assets? —Possibly hand-picked government lackeys hired to do the government’s bidding? —You know, like the obsequious sycophant whom Judge Arthur Engoron and Letitia James recruited to evaluate or rather fraudulently lowball Mar-A-Lago at the absurdly ridiculous sum total of $18 million when any reasonable, incorruptible, honest person in their right mind knows that it’s worth close to a billion dollars.
4— Would the government establish and maintain comprehensive itemized inventory lists of all our earthly possessions?
5— How would they create or establish such inventory lists?
6— Would Biden and Democrats, in violation of the 4th Amendment, dispatch and order their newly minted and, by the way, “armed” IRS agents, all 87,000 of them, to raid our homes, scour through our belongings, even rummage through our underwear drawers in violation of our personal boundaries, space, and personhood, and also rifle through our medicine cabinets in violation of HIPAA privacy laws in order to create and generate said inventory lists?
7— Is this, in fact, the actual underlying reason why Joe Biden hired an additional 87,000 armed IRS agents?
8— What if the inventory lists were somehow leaked, triggering a mass wave of home invasions, burglaries, theft, and the destruction of private property across the nation?
9— What if Americans, living paycheck to paycheck, don’t have any extra cash on hand to shell out to the IRS in order to satisfy Biden’s annual “UNREALIZED capital gains tax?”
10— How will the elderly and/or the disabled, living on a fixed income, unable to work, and barely scraping by, come up with the requisite funding necessary to cover the mandatory financial burden of an annual UNREALIZED capital gains tax in addition to their annual property tax burden?
11— Will the government then confiscate their property, possessions, and inheritances and auction them off, like cattle, to the highest bidder?
12- Will the government expropriate your investments in stocks in companies when you can't pay up, and thereby, indirectly and in true fascist form, claim part, or possibly even full ownership of businesses, companies, and/or enterprises you have invested in, in what is supposed to be a “free market” economy in a “capitalist society.”
Or
13– What if the value of our properties, possessions, assets, and investments later plummet? —Will the government subsequently reimburse us for our unrealized capital gains tax payments and consequential realized revenue losses?
No matter which or what way Congressional Democrats attempt to slice, dice, and sell it, the Biden UNREALIZED capital gains tax is unconstitutional, and why? Well, as I discussed earlier, Article I, Sections 8 and 9 of the Constitution denies Congress the power to levy a direct tax on Americans unless it is “apportioned among the several states” in proportion to the state’s population, which, again, means that the tax must be spread evenly, among every person in every state, in proportion to the state’s population, which, again, is precisely why the 16th Amendment was enacted in the very first place… to get around the “Rule of Apportionment,” (which was, again, created by Article I, Section 2 and Section 9 of the Constitution), in order to grant Congress the power to collect income taxes. However, that said, and as I also mentioned earlier, an UNREALIZED capital gains tax is not considered income and, therefore, unequivocally not in compliance with the 16th Amendment to the Constitution, and nor is it or would it be considered “apportioned,” i.e., spread evenly among every person in each state in proportion to the state’s population, and so ergo not in compliance with Article I, Sections 8 and 9 of the Constitution either.
In fact, in Eisner v. Macomber, the Supreme Court explicitly ruled that the “Mere growth or increment of value in a capital investment is not income; income is essentially a gain or profit, in itself, of exchangeable value, proceeding from capital, severed from it, and derived or received by the taxpayer for his separate use, benefit, and disposal. A stock dividend, evincing merely a transfer of an accumulated surplus to the capital account of the corporation, takes nothing from the property of the corporation and adds nothing to that of the shareholder; a tax on such dividends is a tax on capital increase, and not on income, and, to be valid under the Constitution, such taxes must be apportioned according to population in the several states under 252 U. S. 208.”
And so you see, while Congressional Democrats parade around, stomping their feet like petulant spoiled brats, vehemently insisting that we must enact an ANNUAL “UNREALIZED capital gains tax” to ensure that the rich pay their fair share, the fact of the matter is, was, and has always been that:
1) it’s unconstitutional.
2) the Democrats, as per usual, are lying to you as they regurgitate their perfectly crafted one-liner, “the rich must pay their fair share,” over and over again, as a Machiavellian pretext to play upon their constituents' emotions.
AND
3) the rich already pay a hell of a lot more than their fair share. In point of fact, the Joint Committee on Taxation found that taxpayers with incomes of $1 million or more pay on average a federal tax rate of 31.5%, while the bottom half of income earners, those earning $63,000 or less, pay on average a federal tax rate of just 6.3%, many of whom pay as little as 3% while others pay 0%, absolutely nothing. —You don’t have to be a mathematical genius or a tax accountant to figure out who is lying here and who is or isn’t paying their fair share of taxes, and so you see, this “tax the rich or make the rich pay their fair share” hogwash is nothing more than an unscrupulous attempt by Democrats to sucker and manipulate the masses so that Democrats can attain unlimited tax and spend powers.
Irrespective of the facts and the truth, Democrats will continue to brazenly claim that their proposed annual UNREALIZED capital gains tax, deceptively and manipulatively titled the “wealth tax,” is about making the wealthy pay their fair share, but make no mistake, that is a bald-faced lie.
The Biden annual UNREALIZED capital gains tax and the Moores case are inexplicably intertwined. And so you see, this case is not just about the Moores; it’s about expanding the powers of the federal government and the IRS; it’s about control and absolute power, and It is about Joe Biden, Senator Elizabeth Warren, Senator Bernie Sanders, Senator Wyden, and the Democrat Party’s march toward Marxism and their unrelenting push or need to tax the American people into oblivion, the poor house, and onto welfare under the auspices of their “we will take care of you” control.
This case is about all of us; it’s about you, it’s about me, and it’s about how the Biden Administration wants to bleed our economy dry by squeezing every last nickel and dime out of the American people and our capitalist economy in order to pay for its out of control spending, welfare state priorities, and socialist schemes, programs, and policies hidden under the umbrella of the Green New Deal.
You can choose to believe the lie and suffer later, or you can choose to learn the facts and help save our Republic for the sake and future of your children and your children's children; it is entirely up to you, but if we, as a nation, continue on this left-wing trajectory, the government will run out of rich people's money, and when they do, they will come for you; it’s inevitable, well, of course, that is if Democrats remain at the helm.
Linda Genzel
Editor @ Wecu News
Opinion.
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