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IRS, Like Rest of Government, Thinks Warrants Are Silly
FOIA Data Suggests IRS Snoops Your E-mail Without Them
by Karl Bode 08:49AM Thursday Apr 11 2013
According to documents obtained by the ACLU after a FOIA request, the IRS currently operates under the belief that they can freely snoop through citizen e-mail accounts without obtaining warrants, something a 2010 Appeals court ruling (United States v. Warshak) claimed violated the Fourth Amendment.

"The documents the ACLU obtained make clear that, before Warshak, it was the policy of the IRS to read people’s email without getting a warrant," states the ACLU. "Not only that, but the IRS believed that the Fourth Amendment did not apply to email at all."

The ACLU assumes (probably accurately given the last decade or two of government behavior) that the IRS hasn't bothered to change their behavior or protocols after the Warshak ruling, and should clarify publicly whether they think warrants are necessary or, like much of the government, a silly and unnecessary diversion.

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Morfein

join:2004-09-08
Avon, IN

Combat it

Everyone just start using IRS keywords in random emails that suggest you overpay your w2 taxes when filing the 1099 form while not claiming enough deductions for the good that you donate to goodwill.

I sent in my 1040, 1040A, 1040-ES, 1040 schedule A, 1040 schedule B, and 1040 schedule C early and let them keep the taxes coming to me in hoping that it helps pay down the debt.

Actually, I need a good lawyer like Sal from Breaking Bad. I'm thinking about opening a car wash.

footballdude
Premium
join:2002-08-13
Imperial, MO

1 recommendation

guilty

The IRS doesn't follow the rules that the rest of the government does. If you find yourself in tax court, you are presumed guilty and have to prove your innocence. This country made a big mistake when it ratified the 16th amendment.

From Ourdocuments.gov:
In 1894, as part of a high tariff bill, Congress enacted a 2-percent tax on income over $4,000. The tax was almost immediately struck down by a five-to-four decision of the Supreme Court, even though the Court had upheld the constitutionality of the Civil War tax as recently as 1881. Although farm organizations denounced the Court’s decision as a prime example of the alliance of government and business against the farmer, a general return of prosperity around the turn of the century softened the demand for reform. Democratic Party Platforms under the leadership of three-time Presidential candidate William Jennings Bryan, however, consistently included an income tax plank, and the progressive wing of the Republican Party also espoused the concept.

In 1909 progressives in Congress again attached a provision for an income tax to a tariff bill. Conservatives, hoping to kill the idea for good, proposed a constitutional amendment enacting such a tax; they believed an amendment would never received ratification by three-fourths of the states. Much to their surprise, the amendment was ratified by one state legislature after another, and on February 25, 1913, with the certification by Secretary of State Philander C. Knox, the 16th amendment took effect.

Funny how so little has changed in the last 150 years. Democrats and RINOs raise taxes and conservatives fumble their attempts to block it.
--
“I had to adjust my halo as I was machine-gunning hogs.” - Ted Nugent

dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI
kudos:1

Re: guilty

Democrats raise taxes, Republicans raise debt. Two sides of the same coin.
DMWCincy

join:2004-04-27
Fairfield, OH

5 recommendations

Re: guilty

said by dnoyeB:

Democrats and Republicans raise debt and taxes. Two sides of the same coin.

Here fixed it for you Fire them all and start over and maybe we can get someone that will fix our tax laws.

Lark3po
Premium
join:2003-08-05
Madison, AL
Reviews:
·Knology

Re: guilty

said by DMWCincy:

said by dnoyeB:

Democrats and Republicans raise debt and taxes. Two sides of the same coin.

Here fixed it for you Fire them all and start over and maybe we can get someone that will fix our tax laws.

+1
NOVA_UAV_Guy
Premium
join:2012-12-14
Purcellville, VA
+1 from someone who will be attending the rally in DC on April 15.

Pepsiman

join:2002-01-18
Brooklyn, NY
said by DMWCincy:

said by dnoyeB:

Democrats and Republicans raise debt and taxes. Two sides of the same coin.

Here fixed it for you Fire them all and start over and maybe we can get someone that will fix our tax laws.

++1

IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1
Reviews:
·Verizon Broadban..
·Comcast

Which is why I use TurboTax

I use TurboTax to do our taxes. It does not allow you to cheat on your taxes if you enter the data correctly.

The federal taxes are easy (mom files 1040EZ), its the state taxes that are the reason I buy TurboTax as the Mass State tax returns are a paperwork nightmare.
ke4pym
Premium
join:2004-07-24
Charlotte, NC
Reviews:
·VOIPO
·ooma
·Verizon Broadban..
·Northland Cable ..
·Time Warner Cable

Re: Which is why I use TurboTax

said by IowaCowboy:

I use TurboTax to do our taxes. It does not allow you to cheat on your taxes if you enter the data correctly.

The federal taxes are easy (mom files 1040EZ), its the state taxes that are the reason I buy TurboTax as the Mass State tax returns are a paperwork nightmare.

While TurboTax is good, it doesn't beat a CPA.

I looked to TT this year but it had no idea about the deductions I could take for my state with regards to my newly installed solar panels.

Also, for this state, TT says I cannot deduct property taxes paid for automobiles. Which is wrong. We can.

After using TT for 6 years, I doubt I'll ever use it again after hiring a CPA.
Uncomm0n

join:2005-04-21
Centreville, VA

Re: Which is why I use TurboTax

This right here, there is no better advice. CPA all the way.

dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI
kudos:1
Reviews:
·Comcast
I started with TurboTax and used it for years before changing to TaxAct. Much cheaper and a very good product. However, TaxAct is getting famous enough these days that their prices are not as great as they used to be.
--
dnoyeB
"Then said I, Wisdom [is] better than strength: nevertheless the poor man's wisdom [is] despised, and his words are not heard. " Ecclesiastes 9:16

mix

join:2002-03-19
Utica, MI

Re: Which is why I use TurboTax

I actually use both TurboTax and TaxAct. I fill out my return in TurboTax just to check I get the same numbers as TaxAct. I then file with TaxAct because it's cheaper.
NOVA_UAV_Guy
Premium
join:2012-12-14
Purcellville, VA
Reviews:
·Comcast
I'm not sure that I'd fully trust TurboTax to do any taxes. (Well, maybe the 1040EZ, but very few people who have any significant deductions would file that way. Mortgage interest alone makes it worth itemizing.)

Here's an interesting tidbit on how Minnesota feels about TurboTax... »taxes.about.com/b/2013/03/09/min···otax.htm

I've been using H&R Block for years myself. Make an appointment, leave the stuff at their office, and leave all the worries to them. It's worth a couple hundred bucks to let someone else take care of the headache. (Of course, if we moved to a more reasonable and easy-to-calculate flat percentage tax system where people paid 12% of their gross income with no deductions allowed, we wouldn't need complicated software or trained professionals to do our taxes for us.)
--
A sane approach to our federal budget: NO tax increases / 15% cuts across-the-board / defunding of all ObamaCare-enacted programs.

HD_Ride
Premium
join:2000-10-18
Jerseyastan
said by IowaCowboy:

I use TurboTax to do our taxes. It does not allow you to cheat on your taxes if you enter the data correctly.

The federal taxes are easy (mom files 1040EZ), its the state taxes that are the reason I buy TurboTax as the Mass State tax returns are a paperwork nightmare.

Intuit and TT suck , take a look here and scrolldown to Controversy. I’ve been using TaxCut ever since. I wouldn't use TT if they were giving it away

tuaris
You Clicked on the Apple

join:2001-10-19
Naples, FL

3 recommendations

It's becuase the data is held by a 3rd party

What most people do not realize is that the 4th amendments does not protect you if the data being obtained is held by a 3rd party. This makes cloud storage services very dangerous, since by putting your data on it you are giving up all your rights under the 4th amendment. If you keep the data in a server that you own and operate, your are protected.

Many business have been shifting from having there own server to utilizing 3rd party cloud services, not realizing the ramifications of "saving money".

For the individual it's a different story. Most people don't have the resources to run there own server and if they want to use email, cloud storage, remote backup, etc.. they have to understand that whatever information stored is not protected from unreasonable searches and seizures.

The 4th amendment needs to be updated to include information held by a 3rd party, but I doubt that will ever happen with today's government.

Snakeoil
Ignore Button. The coward's feature.
Premium
join:2000-08-05
Mentor, OH
kudos:1

Re: It's becuase the data is held by a 3rd party

said by tuaris:

What most people do not realize is that the 4th amendments does not protect you if the data being obtained is held by a 3rd party. This makes cloud storage services very dangerous, since by putting your data on it you are giving up all your rights under the 4th amendment. If you keep the data in a server that you own and operate, your are protected.

Many business have been shifting from having there own server to utilizing 3rd party cloud services, not realizing the ramifications of "saving money".

For the individual it's a different story. Most people don't have the resources to run there own server and if they want to use email, cloud storage, remote backup, etc.. they have to understand that whatever information stored is not protected from unreasonable searches and seizures.

The 4th amendment needs to be updated to include information held by a 3rd party, but I doubt that will ever happen with today's government.

Agreed.
--
Is a person a failure for doing nothing? Or is he a failure for trying, and not succeeding at what he is attempting to do? What did you fail at today?.
NOVA_UAV_Guy
Premium
join:2012-12-14
Purcellville, VA
Reviews:
·Comcast
said by tuaris:

The 4th amendment needs to be updated to include information held by a 3rd party, but I doubt that will ever happen with today's government.

While we're at it, the 4th Amendment should be updated to include a clause that makes any violation of it a treasonous offense for all government employees. Perhaps if the local police force faced the firing squad for illegally searching someone's car while pulling them over for a traffic offense, they would think twice before doing so.
--
A sane approach to our federal budget: NO tax increases / 15% cuts across-the-board / defunding of all ObamaCare-enacted programs.

Squire James

@embarqhsd.net

News Flash

"The IRS has been reported to think itself above the laws established for the rest of government, and most of its agents are jerks."

Now tell me a date the IRS existed but this was NOT true...

meeeeeeeeee

join:2003-07-13
Newburgh, NY

Re: News Flash

and in breaking news... the rest of the "Government" is not behind them at all in either area.

WHT

join:2010-03-26
Rosston, TX
kudos:5

Dead Link

United States v. Warshak
axus

join:2001-06-18
Washington, DC

1 recommendation

Good way the get the Republicans to care about the 4th again

Some people love giving power to law "enforcement" agencies, and secret powers to others, but they hate the IRS. From my point of view, the government is the government, and Constitutional limitations should apply everywhere.