[Emperor]

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Is it safe to assume that if the Congress were still Republican this would not have happened?

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This has nothing to do with Congress.

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Oh, really? Why don't you read how the US Tax Code is enacted, and then report back to me.

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It actually doesn't really have anything to do with Congress.

This change is the result of a regulation, not a change in the tax code.

Tax regulations are passed by the IRS, which is an executive agency. The Commissioner of the IRS and other employees of the agency are appointed by the president.

If Congress doesn't like a regulation that the IRS has promulgated, they can change the tax code to override it. The Court could also rule that the regulation is not a reasonable interpretation of the code. But as it is, this change was the result of executive branch action alone.

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Personally I would like to see the law that allows them to collect income tax in the first place. Didn't the Supreme Court rule that the 16th Amendment gave Congress no new taxation power?