Can you show me each of the acts one by one and the wording that you believe gives a president that power to tariff all alone without Congress, and under what conditions all of these separate acts listed state?
Did he impose the tax under those acts or an illegal one?
S.C. says "No one is entitled a refund who has not actually overpaid his taxes"
We are here talking about settled tax law.
If a tax is paid under a "wrong" statute not requiring a tax paid, but the amount of tax paid is legally owed under a different statute, no refund is owed. See: Lewis v. Reynolds (1932), and Donnelley Corporation v United States (2011) in which the court notes:
“No one is entitled a refund who has not actually overpaid his taxes. This axiomatic observation, made first by the Supreme Court in Lewis and recognized by this circuit in Estate of Michael, defeats this taxpayer's claim. Here, Donnelley has not overpaid its taxes, and we will not allow it to reap where it has not sown. We accordingly affirm the judgment of the district court.”
The bottom line is, if you legally owe $500 under Statute B but paid it under Statute A, you cannot get a refund because you have not actually overpaid your total tax liability owed.
Keep in mind the S.C. noted Section 232 of the Trade Expansion Act of 1962, and Section 301 of the Trade Act of 1974, contain the delegation and procedural constraints necessary to allow for Trump's tariffs.
As I previously stated, and correctly so, if Trump's tariffs are constitutional under the above Acts cited by the S.C., then Trump's tariffs are lawful, intra vires, (within the government’s power) and the petitioners to sustain a claim, would have to prove they are not lawful, that is, if the Trump Administration appeals Judge Richard Eaton's ruling on such grounds (the tariffs are lawful, intra vires).
They have no ruled on this issue try againThe Supremes have already ruled, Dark Man.
Skippy..owes the cash.
They have ruled. And so far, lower court judges are pushing back against his round 2 of Temper Tariffs.
Nobody legally owed tarriff money before Trump imposed them through an illegal process
Thank you for your misdirection by not addressing what I wrote and you quoted, nor provided documentation supportive of your conclusions.
If a tax is paid under a "wrong" statute not requiring a tax paid, but the amount of tax paid is legally owed under a different statute, no refund is owed. See: Lewis v. Reynolds (1932), and Donnelley Corporation v United States (2011) in which the court notes:
“No one is entitled a refund who has not actually overpaid his taxes. This axiomatic observation, made first by the Supreme Court in Lewis and recognized by this circuit in Estate of Michael, defeats this taxpayer's claim. Here, Donnelley has not overpaid its taxes, and we will not allow it to reap where it has not sown. We accordingly affirm the judgment of the district court.”
The bottom line is, if you legally owe $500 under Statute B but paid it under Statute A, you cannot get a refund because you have not actually overpaid your total tax liability owed.
Keep in mind the S.C. noted Section 232 of the Trade Expansion Act of 1962, and Section 301 of the Trade Act of 1974, contain the delegation and procedural constraints necessary to allow for Trump's tariffs.
As I previously stated, and correctly so, if Trump's tariffs are constitutional under the above Acts cited by the S.C., then Trump's tariffs are lawful, intra vires, (within the government’s power) and the petitioners to sustain a claim, would have to prove they are not lawful, that is, if the Trump Administration appeals Judge Richard Eaton's ruling on such grounds (the tariffs are lawful, intra vires).
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Listen to your dumb ace talking as if Trump is the one who owes money to someone.The Supremes have already ruled, Dark Man.
Skippy..owes the cash.
John, trump did appeal this Court's ruling to the supreme court. The SC ruled against Trump and sent the case back to the lower court to finish it....which this judge did.
It’s not rocket science. He took money from people through an illegal tax and those people want restitution. You want the government to keep it. How are you defending your big gov position again?
They haven’t on this issueThey have ruled. And so far, lower court judges are pushing back against his round 2 of Temper Tariffs.
But "Crickets" from you leftist at all the theft (the international trade community abroad), had conducted or committed against America for the past 40+year's eh ???
That's what courts (separate branch of government) are for.
No they are not. Courts don’t push back, they are suppose to simply rule on the law
Courts push back. They make rulings. That's what they are supposed to do. Not roll over and accept the decision of fascist dictators.
The question should be this - After 40+year's of going along with corrupt trade policies, and having the same congressional members in which still retain their seat's throughout it all, then what makes you think that congress can somehow clean up it's act/past in order to rule correctly on cleaning up the very corruption that it had willingly went along with or created ???????????
If you were dealing with a clean deck of card's in government, then you might have some sort of point to be made in your rage, but "you" just like the rest of us know what has gone on over the year's, but you are ignoring all of it just to be on the hate Trump train like a good little demonic leftist.
I don't have any rage. I am simply pointing out facts.
What makes you think Trump's chaotic and bombastic issuance of tariffs across the board universally, changing in percent by the day causing instability in our businesses here, is going to help us with trade imbalance on the different individual items causing issue, per country?
Court's aren't supposed to be activist playgrounds for leftist rogue judge's with political agendas either, but here we are.
