Obama is using the Internal Revenue Service to silence employers unhappy about Obamacare. That’s the hidden purpose behind the employer mandate delay announced on February 10th.
The administration released 227 pages of mind-numbing regulations ridiculously billed as making “ the compliance process simpler and easier” for employers. Hidden in the gobbledy-gook (on pages 125-6) is a requirement that employers sign a statement to the IRS, meaning under penalty of perjury, that they have not reduced the number of employees or cut hours to shield themselves from the costs of Obamacare. Democrats running for re-election this fall are desperate to avoid similar headlines. This time, instead of the president offering employers a delay, he is offering most of them a bribe to keep quiet. Once employers swear that they have not cut hours due to Obamacare, how can they speak out about the law’s harm to their business? The new rule criminalizes something Congress has not made a crime, and federal courts have said businesses can do. Federal court judge Learned Hand observed in 1934 (Helvering v. Gregory dicta) that “Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes.” Deceit is the primary motive behind the newly announced regulation. On page 36, it states that although employers are distressed that the law defines 30 hours as full time job requiring insurance, nothing can be done because the statute expressly states 30 hours. What—this is the only part of the statute the administration won’t change by fiat?
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