Children don't inherit their parents' debts... until now [Program halted now]

[sportage]

Blame technology. The IRS has finished a massive computer upgrade over the past few years. Massive! Now... they have the ability to go back years and locate any little minor thing and come after people that typically slipped under the radar before this upgrade. They can go back tens of years and check everything, on everyone, and that is exactly what they are doing. Simply because now they can. Expect a lot more of this in coming years. You are on their hitlist. That's technology.

 

[Genx87]

Our benign govt in action again today. What was Mary Grice thinking anyways? She was 4, and should had known there was an over payment.

Also over under on who gets hit the hardest with this crap in terms of demographics? I'd guess people like Mary Grice.

 

[Schmide]

Just a little digging. Sources seem to lean towards Todd Russell Platts Rep from York, PA based on this previous attempt at the same thing.

https://www.govtrack.us/congress/bills/109/hr1427/text

I
109th CONGRESS
1st Session
H. R. 1427

IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Mr. Platts introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 31, United States Code, to eliminate the 10-year limitation on the collection of nontax debt.

1.Elimination of 10-year limitation on collection of nontax debt by administrative offset
Section 3716(e) of title 31, United States Code, is amended to read as follows:

(e)This section—
(1) applies to a claim under this subchapter regardless of the period it has been outstanding; and
(2) does not apply when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved.

 

[Fern]

Here is the law in question:

SEC. 14219. ELIMINATION OF STATUTE OF LIMITATIONS APPLICABLE
TO COLLECTION OF DEBT BY ADMINISTRATIVE OFFSET.

(a) ELIMINATION.—Section 3716(e) of title 31, United States Code, is amended to read as follows:

‘‘(e)(1) Notwithstanding any other provision of law, regulation, or administrative limitation, no limitation on the period within which an offset may be initiated or taken pursuant to this section shall be effective.

‘‘(2) This section does not apply when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved.’’.

(b) APPLICATION OF AMENDMENT.—The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act.

http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045988.pdf

I think it might be a question of law whether old debt that had expired under the previous state of limitation can still be considered "outstanding". Clearly, govt lawyers think it can.

Passing a law that is applied retroactively is pretty rare because it is consider highly unfair to do so.

Congress needs to fix this.

Fern

 

[classy]

This just seems wrong on so many levels. I agree with Fern on the legality of this. I hate to admit it, I kinda miss Bush...........................

 

[norseamd]

This just seems wrong on so many levels. I agree with Fern on the legality of this. I hate to admit it, I kinda miss Bush...........................

doubt this has anything to do with bush

 

[Schmide]

Edit: Hah, I was beaten to it. (Although I would've still had to post it to include subsection (b)).

Fern

Actually I posted a law that was shot down but has the authors name on it. Not a smoking gun but circumstantial evidence.

 

[Fern]

Actually I posted a law that was shot down but has the authors name on it. Not a smoking gun but circumstantial evidence.

Yeah. I noticed that later. I saw the dates and text were different.

Fern

 

[Slew Foot]

This is what you losers voted for, the government to take away everything you have and give you back what it thinks you need.

 

[classy]

doubt this has anything to do with bush

Oh I am not blaming him at all. Some of the erosion we have dealt with Obama I don't think would have happened under Bush. I think this is just another bad path that has been laid out for us in this country since Obama has been in office. I truly do regret voting for him. I supported Hilary in the primary, but I voted for Obama after he won, but its pretty sad a lot of the stuff now being put forth.

 

[Oldgamer]

The government has started to seize tax refunds from children of parents who (according to the government) received overpayments of Social Security benefits.

The government eliminated the 10-year statute of limitations on repayment of debt to the government. And when the people who received the overpayments have since died, the are seizing tax refunds of the children - starting with the eldest when they can find a good current address.

The rationale is that if the parent received survivors benefits that were paid for the benefit of the children, then the children should have to repay. I'm astounded.

http://www.washingtonpost.com/polit...ac8eae-bf4d-11e3-bcec-b71ee10e9bc3_story.html

--------------

You can thank the Republicans for this little manuever: "The aggressive effort to collect old debts started three years ago — the result of a single sentence tucked into the farm bill lifting the 10-year statute of limitations on old debts to Uncle Sam."

Edit: Nope I stand corrected, found information on who sponsored the bill: The bill was sponsered by Collin Peterson D MN. The bill was passed by the 110th congress. It was written by democrats who controlled both the House and the Senate at the time. The bill was vetoed by Bush. The veto was over ridden in June 2008.

 

[brycejones]

Yeah, this needs to go away and quickly. I have no issue with the government trying to recover over payments from an estate but going after the kids is just wrong.

 

[Oldgamer]

Here is the law in question:


http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045988.pdf

I think it might be a question of law whether old debt that had expired under the previous state of limitation can still be considered "outstanding". Clearly, govt lawyers think it can.

Passing a law that is applied retroactively is pretty rare because it is consider highly unfair to do so.

Congress needs to fix this.

Fern

I don't see how they can hold children accountable if they were under 18 years of age for this, nor give that person due process, which makes no sense to me at all. I hope that she and others take this to court and it is found illegal honestly. Apparently this seems to be affecting Federal Employees.

 

[Jhhnn]

This is what you losers voted for, the government to take away everything you have and give you back what it thinks you need.

Nobody voted for that, nor does it actually exist.

It never will in this country, Libertopian raving aside.

 

[norseamd]

Oh I am not blaming him at all. Some of the erosion we have dealt with Obama I don't think would have happened under Bush. I think this is just another bad path that has been laid out for us in this country since Obama has been in office. I truly do regret voting for him. I supported Hilary in the primary, but I voted for Obama after he won, but its pretty sad a lot of the stuff now being put forth.

not sure this has anything to do with obama or bush

 

[Jhhnn]

--------------

You can thank the Republicans for this little manuever: "The aggressive effort to collect old debts started three years ago — the result of a single sentence tucked into the farm bill lifting the 10-year statute of limitations on old debts to Uncle Sam."

Edit: Nope I stand corrected, found information on who sponsored the bill: The bill was sponsered by Collin Peterson D MN. The bill was passed by the 110th congress. It was written by democrats who controlled both the House and the Senate at the time. The bill was vetoed by Bush. The veto was over ridden in June 2008.

Not to defend it in the slightest, but does that track all the amendments & who made them? To a giant farm bill?

The way Congress works, a bill could start out one way, end up the opposite with the sponsor's name still attached, particularly when it comes to the details.

Just sayin'.

 

[Jhhnn]

Oh I am not blaming him at all. Some of the erosion we have dealt with Obama I don't think would have happened under Bush. I think this is just another bad path that has been laid out for us in this country since Obama has been in office. I truly do regret voting for him. I supported Hilary in the primary, but I voted for Obama after he won, but its pretty sad a lot of the stuff now being put forth.

Like every detail of the operation of the govt is known & directed from the Oval Office.

Puh-leeze.

I will grant that Obama has often been more conservative than we'd hoped.

 

[Fern]

Not to defend it in the slightest, but does that track all the amendments & who made them? To a giant farm bill?

The way Congress works, a bill could start out one way, end up the opposite with the sponsor's name still attached, particularly when it comes to the details.

Just sayin'.

Yeah.

Todd Russell Platts is where I lay the blame. He couldn't get it passed as a stand-alone bill back in '05. He somehow got it into the newer bill.

Fern

 

[Schmide]

PS Bush Vetoed the Farm Bill in question and it was overridden.

 

[Attic]

Not to defend it in the slightest, but does that track all the amendments & who made them? To a giant farm bill?

The way Congress works, a bill could start out one way, end up the opposite with the sponsor's name still attached, particularly when it comes to the details.

Just sayin'.

Yep, I'll be interested to find out how the amendment in question slipped in, but Jhhnn nails how congress does business.


The thing appears to be ex post facto. This is one time when both sides of the aisle need to come together and give an honest look at this rather than saying things for effect, and then fix it (stop it in it's tracks and expose those responsible).

 

[michal1980]

So Obama wont deport illegal immigrants but will collect decades old debts.

Better to be an illegal then a citizen.

 

[norseamd]

So Obama wont deport illegal immigrants but will collect decades old debts. Better to be an illegal then a citizen.

holy fuck you need to find a fucking fire

obama deporting a shit ton of mexicans is what got him in trouble around the election and he had to try to aplease mexicans to avoid getting defeated in the election

obama deported far many more mexicans than bush ever did

 

[Vic]

I don't think this will stand up in court.

 

[iCyborg]

A Lannister would pay.

 

[Ns1]

A Lannister would pay.

Nice.