Recent Supreme Court Case Provides Possible Pre-Assessment Judicial Review for Onerous Penalties | Gray Reed
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Captive Insurance Update | Fall Edition 2021 | Downs Rachlin Martin PLLC
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which we know is unpopular, we didn t sell it very well, you are going to have to strike down the other core parts. they said, okay, we will let you win this one, obama administration, and we ll have those things go down with it. that s a possibility. one scenario that we haven t talked about is they may rule that the decision waits until the law takes effect? how likely is that? one court in the fourth sir kit did this. there is a statute called the injunction act that says that no one can sue to recover a tax until that tax is actually levied. so that would be tax returns in 2015. by the time the court gets back on that, should it not be repealed, replaced, or modified in the years in between, it will be another election cycle when the court will be considering
general being among the first to challenge the law. the supreme court has delayed consideration of virginia s challenge until after it hears this week s challenge, led of course by the state of florida. you can bet that the state attorney general is watching these proceedings very carefully. and he joins me now with his perspective. thank you for coming on today. what did you hear today that leads you to believe you understand where things, where the wind is blowing when it come to the mandate. as opposed to out here. where the wind might actually blow us over. i saw more ties today to the tax argument that we ll hear more about tomorrow than i did to the mandate. i would note that justice kagan comes to mind as opposed to mr. long, that the injunction act does apply. she said that the mandate and the penalty were basically one