H.R. 3548 “Worker, Homeownership, and Business Assistance Act of 2009” Potential Problems with the Act

November 17, 2009

H.R. 3548 “Worker, Homeownership, and Business Assistance Act of 2009”

The “The Worker, Homeownership, and Business Assistance Act of 2009” has some strong economic pluses and some possible technical errors built into the Act. The Act as the title suggests will cover Unemployment Extension, Homeownership stimulation, Additional Military extensions for Homeownership Purchases, changes to the 5-year Carryback of Operating Losses, delay in worldwide allocation of interest, Penalties on S Corp for non-timely filing, Paid Preparers e-filing requirement, FUTA surtax, and increasing estimated payments amounts for Corporations.

Dramatic potential changes to the tax code are from section 13. 5-Year Carryback of Operating Losses.

Section 13(e)(4)(B) any application under section 641(a) of such Code with respect to such loss shall be treated as timely filed if filed before such due date.

The wording “filed before such due date” seems potentially to be awkward. If the requirement is to have this be filed before the due date then in reality the due date would be the day before the due date of the required filing. This wording should rather be stating “filed on or before such due date”. Yes the due date is in reality a specific minute of time which would be minute of the day of but I would have to read this like it actually reads and seeing the date and the work before would require a filing of the previous date so the return could be timely.

Another section which is questionable is in Section 17. Certain tax return preparers required to file returns electronically.

Section 17 (a)(3)(A). In general.- The Secretary shall require than any individual income tax return prepared by a tax return preparer be filed on magnetic media if-

Here in the above section you probably read the sentence and thought that I misspelled the word “than” which is not the case. This when reading the sentence looks like the word should read; “that” of which I have brought up to the attention of Congressman Reichert’s office and they did fax this also to Congressman McDermott’s office.

The above seem to be policy changes or grammatical changes. Another change which I see but I am questioning is the bill is silent as to the number of inclusions in a Purchase and Sale Agreement of Potential Properties which could be purchased. With Section 1031 exchanges the maximum number of properties which can be traded to is three. With 45 days to designate and three properties maximum in the Purchase and Sale Agreement to other properties and 180 days to close the Purchase this does make sense for a 1031 exchange policy. With business or investment property the utility value is in the tax-deferred exchange to other like-kind properties and the functionality of the property nor the utility value of the property may not be the end purpose. If trading a rental house for an apartment this makes sense. But trading from a rental house to a strip of farming land may not make sense except in the case of potentially missing the 1031 exchange dates. A farmer could constructive continue farming which another 1031 exchange for the property is completed. But to meet the deadline and the three year requirement a strict move from one property to another is mandatory. Where I really see the bill exploding on individuals is in the arena of being locked in to a specific property without the luxury of default on terms. Default on terms can come from the seller and the buyers side, real property line disputes, assessments, fires, casualty damages, earthquakes, real estate agent/broker disputes, permit delinquencies both present and past, non-timely completion of current construction new home developments and occupancy permits, mortgage bankers turn-downs, inspection refusals, and the list goes on and on. The bill does not leave the taxpayer an out based upon the “May 1, 2011” signing of the Purchase and Sale Agreement. This is further complicated by the closing due date of by “July 1, 2011”.

 

I can see from both of these due dates real estate brokers and agents will be required to sign two, three, four or five different Purchase and Sale Agreements with option to drop out by the Purchasers near the end of the dates in the Act. Will this treatment artificially inflate prices on the real estate market. I would say it definitely will and then after the due date the prices will drop. This is indeed a dangerous macro-economic phenomenon to put a country in and the mechanism for correcting this situation needs to be updated before any potential catastrophes’ happen due to this “Act”.

Frustration on the part of the taxpayer or at least who is self filing may come when mathematical errors are assessed for not providing the additional forms which are also being required with the current new “Act”. See Section 12. Provisions to enhance the Administration of the First-Time Homebuyer Tax Credit.

Section 12(d) (i-iii). Particularly focusing on (iii) the taxpayer fails to attach to the return the form described in section 36(d)(4). This should be the HUD document or similar document for indication of a real estate closing. A delay in supplying this document will further frustrate the taxpayer and potentially cause undue hardship on RAL (Refund Anticipation Loan) providers who could potentially be waiting too long for their reimbursements. This could also cause a restriction in the advance refund check from RAL Bank providers by their non-inclusion of refunds or discounting of the refund portion based upon the First-time Homebuyers Credit credit amount.

Other provisions of the Act may be noticed by others but these are the critical differences which I am seeing at the present time. Both taxpayers and tax preparers and software development preparers should try to address these issues while researching, talking about or programming for this next tax year.

END

 

 

 


President Obama steps down to Chairman of UN Security Council Post

November 1, 2009

President Obama on November 2nd, 2009 has been forced to step down as President of the United states of America. 

His post for being the Chairman of the United Nations Security Council post will last one month.  Mr. Obama will resume his duties as President of the United states of America following his one month tenure with the United Nations. 

During this time, as per the United states Constitution, Vice President Biden will be the acting President and will assume all roles as signing of bills and as the Commander in Chief of all Armed Forces of the United states and of the United states Navy. 

This action has not been done previously by any acting President but the United states Constitution mandates the procedure for a President who assumes another post by any other foreign nation or organization such as the United Nations. 

Normally Congress and only Congress would have the power to acknowledge and permit a seated President from accepting and acting in another United states government post.  However, since the post has not been authorized by the Congress this thus means that Mr. Obama must and has given up his duties as President. 

Normally the President would appoint an Ambassador to fill this post.  Interviews for acceptance and acknowledgement of skills by Congress must be made.  Congress must approve all Ambassadors except when Congress i s not in session then the President can appoint an Ambassador to fill the post until Congress next comes into Session.

Mr. Obama, I hope you enjoy your stay at the United Nations and enjoy New York at the same time.

Perhaps the Queen of England may get upset at a President or other head of state being able to direct her troops at will. 

END      

 


Halloween is Unconstitutional

October 19, 2009

U.S. Constitution Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Actually I tried to find some acknowledgement from the Congressional Record concerning declarations of Halloween being a long-established holiday for the enjoyment of children but I could not in cursory fashion locate such a declaration.

But…

Some presentations concerning Harry Potter are demoralizing our Society. The Halloween holiday is guaranteeing the destruction of the roots our our society. The disassociation culture diverts us from a spiritual balance. The group mindset of “Joe does it” in-fact manufactures a sheep like industry and spills over to the counter-cultural movement which has the ability and the underlying theme of breaking our society down. The Halloween season has no long-lasting cultural building blocks. It is only a tool for destroying what has been built into the fabric of our society. Any strength of diversity is eliminated as a consequence of this one holiday or occasion.

To disenfranchise our diversity is also disenfranchising our spiritual balance as a nation. Once something is broken down it is extremely difficult to build and repair. The only way to build and repair is through a national agenda of healing and prayer.

The breaking down of our society to a halloween mentality is the continual wearing of tattoos, rings in noses and other paganistic ritualistic emblems.

So, maybe, just maybe our Constitutional founders did indeed know the strength of not allowing the government to establish a religion. The scum of society always comes to the top when religious freedom is abandoned. This is exemplified when religion is put on a pedestal. Halloween is the worshipping of Satan and not of God.

This holiday is a great reason why the Islamists would want to destroy America. They probably need to realize that other Americans protest the Halloween occasion and thus restrain themselves because the holiday is only once per year.

The Halloween holiday should be reconstituted to recognizing the changing of the season as originally celebrated. The worshipping of God should be our paramount objective and purpose. Why else did escaping from Europe happen in the first place. America needs to shed itself from its European entanglements and ties.

END


Congressional Act required for Obama to Receive Nobel Peace Prize

October 12, 2009

President Obama must receive permission from Congress in order to receive and accept the Nobel Peace Prize.  Otherwise he is breaking the U.S. Constitution, again.

Article I, Section 8.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

From Bloomberg/Yahoo:

http;//news.yahoo.com/s/bloomberg/20091010/pl_bloomberg/a13s9nah4d2w_1

There were 205 names submitted for this year’s prize, the highest number in the award’s history.  The winner is selected by a committee of five people elected by the Norwegian parliament.  The prizes for literature, chemistry, medicine and physics, are picked by the Stockholm-based Nobel Foundation.

So what the above is indicating is:  Since the Norwegian Parliament has established the committee by election the award is coming actually from the Sovereign State of Norway and not from the Nobel Prize Committee.  Any “present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State” then must be approved by Congress first in order for the President of the United States to receive the Nobel Peace Prize. 

This is simple basic and to the point.  Now let’s make sure that Congress does indeed pass a resolution which specifically states that President Obama is able to receive the Nobel Peace Prize.  He cannot accept the Nobel Peace Prize without first receiving permission from Congress.

On the other hand, I do not understand why someone would be receiving a Peace Prize for 11 days in office.  This actually sounds like a payoff to me.  All of the other recipients of the Nobel Peace Prize have been Democrats.  Even when President Reagan created the greatest Peace in the world by “tear down this wall”  between the two Germanys no Peace Prize was forthcoming. 

Does a President really need to receive the embellishments of a foreign country in order to establish justice for the United states.  I do not think so.  So perhaps the Nobel Peace Prize is just a cover to receive a payoff and a bribe. 

END


Vaccination H1N1 Shot by Police Unconstitutional

October 7, 2009

We do not have an America Police force.  That is specifically Unconstitutional.  Only the Senate can wage war and not the President.  Only the Governor’s can invite the United States military into a state.  The President can only order the Military into a state to

 Article I, Section 8. 

 The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years:

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; …

I do not remember the Congress giving Obama the authority to round up citizens.  I do not see any insurrections from the citizens.  That is the only part here which specifically addresses the flue vaccinations in the slightest.  You are in Violation of My Constitutional Rights.  Leave right now.

 But

 Amendment III

 No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 

 or likewise

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 or likewise

 Amendment V

 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 or likewise

 Amendment VIII

 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 or likewise

 Amendment IX

 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 Back off Jack.  You’re violating my Constitutional Rights.  Since you are acting illegally according to the Constitution then you no longer have rights delegated from the Constitution.  You are in Violation of My Constitutional Rights.  Leave right now.      

 Show me the court order.  You are in Violation of My Constitutional Rights.  Leave right now.      

 That is cruel and unusual punishment.  I demand my rights as a free citizen of the United states of America.  You are in Violation of My Constitutional Rights.  Leave right now.     

 Sticking that needle in me is tantamount to excessive bail and excessive fines being inflicted.  By definition if you stick that needle in me I am being “inflicted”.  You are in Violation of My Constitutional Rights.  Leave right now.     

 When did Congress pass this law.  What is the number of the bill.  When was it signed.  You are in Violation of My Constitutional Rights.  Leave right now.      

Congress did not declare an “Insurrection”.  Only Congress has this power to declare an “Insurrection”.  The President does not have the Power to declare an “Insurrection”.  You are in Violation of My Constitutional Rights.  Leave right now.        
 

I am going back into my house.  You are not to follow because I am not going to quarter you in my house.  That would be Unconstitutional.  You are in Violation of My Constitutional Rights.  Leave right now.     

 You’re in my house.  Show me the law where it says that the Senate has declared “War”.  You are in Violation of My Constitutional Rights.  Leave right now.     

What deems “Probable Cause” that you have entered my house.  Where is the Grand Jury indictment showing any relevancy of Probable Cause.  You are in Violation of My Constitutional Rights.  Leave right now.

What rules has Congress made concerning my Capture or Reprisal.  Only Congress can make these laws.  The President does not have this Power.  You are in Violation of My Constitutional Rights.  Leave right now.  

Are you a medical doctor.  Show me your credentials.  You are in Violation of My Constitutional Rights.  Leave right now.

National Police do not have a right to vaccinate me.  You are in Violation of My Constitutional Rights.  Leave right now.

Canada does not require mandatory vaccinations.  We never do something which Canada does not do.  You are in Violation of My Constitutional Rights.  Leave right now.

If that does not work then say:  “All hail the Obama Nation.  Put her right here!!”  OR  You are in Violation of My Constitutional Rights.  Leave right now.

END


Obama Unconstitutional UN Chairman Security Council

October 7, 2009

Wow!! Obama must be super great. He is volunteering to be the United Nations Security Council Chairman for a month. Just think. The first President who will chair this position. Wow. Such energy and stamina. This is impressive.
 
But. It is Unconstitutional.
 
Article I, Section 9.
 
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
 
Obama, just so you do get this. The United Nations is considered to be a foreign state.

Now, for the Emolument part. If you receive non-compensatory rewards you will also be receiving payment for services rendered. See again the Federalist Papers. The objective of the President’s compensation remaining level and unchanged is to reduce the possibility of corruption or the taking of bribes. This is not particularly of others but of Congress as well. If a signing of a piece of legislation and an increase of compensation was included this would also be considered as a legal bribe. Restricting this during a term restricts the possibility of influence be the holders of the purse. Likewise, guaranteeing the compensation to remain on an even keel would increase the warranting of political suasion from Congress also. With a basketball player you want them running. If they are disagreeable and you want them to increase your solution is to fire, bench, or a restriction or fine. However, with the Office of President the players incentive or restriction is not to be adjusted. The people would be the prodding force in this case. A President would not run for President if not for the display of energy and the need for popularity and the need for changes. The need for change is the motivating factor and not the need for compensation. (See Alexander Hamilton’s arguments in the Federalist Papers No. 70-78.)
 
Did I also not get the first part where the Consent of the Congress must be mustered first. The United Nations Security Council Chairmanship is indeed an Office.
 
So now let’s go to Article II, Section 1.
 
{In Case of Removal of the President from Office, or of his Death, Resignation, or Inabilty to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.}*
 
*Then see the twenty-fifth Amendment because the above was changed. The 25th Amendment basically says that for a time the Vice President would have to Act as the President.
 
If the President is in another Office then the Vice President would have to act as the President. The Vice President would not be the President but merely would just Act as the President. Thus the Vice President would be the Commander In Chief. The Vice President would sign all incoming bills and do other tasks like receiving Ambassadors and other foreign heads of state.
 
The restriction here has been chronicled previously by Alexander Hamilton in his Federalist Papers #70. The President is to have fewer powers than the Queen/King of England. Whereas the King could call forth and establish wars the President could only direct the Military. The establishment of war is the strict duty of only the Senate.

Article I, Section 8.
 
The Congress shall have Power… To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water:
 
To raise and support Armies, but no Appropriation of Money to the Use shall be for a longer
 
Term than two Years:
 
To provide and maintain a Navy:
 
To make Rules for the Government and Regulation of the land and naval Forces;
 
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasion;
 
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the Untied States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline by Congress….
 
All of the rules above a King is required to do. In England a further restriction has been given to the King in that the funding of the Military is for a one years period of time. (This subject has also been addressed by the writings in the Federalist Papers.) A short restriction of time in funding restricts the power of waging war by a monarch. But a two year period of funding raises continuity of mustering troops. This is the one difference between the United States and England where the President is not as restricted as in England. But this is only as concerning the Military. The holder of the purse can have extreme restrictions when it comes to an energetic Monarch or Supreme Magistrate.
 
See Article II, Section 2.
 
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the Untied States; he may require the opinion, in writing, of the principal Officer in each of the executive Department, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
 
continued
 
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
 
continued
 
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

So simply put. The President can appoint while the Senate is out of Session. Currently the Senate is in Session. Therefore President Obama cannot appoint himself during the time which the Senate is in Session. Nor can Mr. Obama appoint himself because the Constitution clearly states the President can appoint positions of other Inferior Offices which the Senate has previously deemed to be minor. This deeming of Appointment thus also cannot be an Appointment of himself. Neither has the Senate authorized nor does the President have the Power to Appoint himself to the Position or Office.
 
If this were the case however, then the President would have greater powers than the King/Queen of England. He would have the power not only to be the Commander in Chief of the Military forces of the United States but also he would have the Power to be the Commander in Chief of the English Military. His vote as Chairman of the United Nations Security Council would give him the authority to put British forces under his direction. Neither would this be tolerated by the British Parliament but presumably it would not be tolerated by Her Majesty Queen Elizabeth. The once Colonies commanding the Forces of the British Crown. It will not happen.
 
Restrictions and Control of Authority were built into the Constitution on purpose. In some respects also a Governor of New York has more power than the President. The more directly involved with the People the greater the Power vested should be instilled. The higher the level of Power the higher the degree of secondary approval of Power is required. The Senate is the true restricting force here. Approval to act with Power and the restriction of Power is Candidly provided for in our Constitution.
 
We did not break away from England just to have someone later usurp our restrictions and controls so we would be like a monarchy. But instead a monarchy is set up specifically to not act like a Republic and thus also a Republic cannot function properly as a Monarchy. Still today England does not want to be a Republic. (See House of Stuart Society mission statement.) Part of the House of Stuart (white rose) Mission Statement is to further the cause of returning the House of Stuart monarchy and pushing aside the House of Windsor (red rose) and in also maintaining a Monarchy and not to establish a Republican form of government.
 
Mr. Obama I can applaud you for your energy. But Mr. Obama this is not and never will be a Monarchy. A Monarch does have the capability to act fast and very decisively. But a Republican form of government is very restrictive. However, Mr. Obama, I hope you do realize the Senate after the bombing of Hawaii did in fact act precisely and forthrightly by declaring war the next day. Unity of purpose and direction of zeal in times of emergencies is not a difficulty historically for the Senate. They have acted quickly and swiftly in the past and they will act promptly in the future. Put your trust in our Constitution. It has worked and it will continue to work.
 
END


Non-Compliance Issues Non-Profits MUST watch out for

October 2, 2009
Non-profit Corporation for Compliance

The below is not a complete list but will be looking at other sources to complete my list for this important issue.  These are just some of the major issues which some large non-profit corporations are missing.  Will be addressing and updating this list later and possibly with explanations.

What to look for in a Non-profit Corporation for Compliance.

1) Criminal background checks of all personal. Members of the Board, executives and line-workers.

2) Whistleblower rules and policies in place and strickly enforced.

3) By-laws followed. They also must be legal.

4) Audit after change of top Executive leave office.

5) Non-transparency in the hiring process of top executives. This does not make for a smooth transition.

6) Schedule approved by the Board.

7) Approval by the Board.

8) i.e., due diligence from all executives, board members and policies and procedures are in place to enforce due diligence necessities.

9) Personel files have all documents in them or separate from them.

10) By-laws pertaining to scheduling criteria are in place and abided by.

11) Directing grant money to other sources other than specific designated tasks.

12) Tax deduction mentioned for Schedule. A charity purpose on excess amounts given to general public.

END