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Friday, January 27, 2023 11:18:31 AM
“If you’re a lawyer going into court, you’re probably trying to fight that penalty determination, but it doesn’t cost you anything to throw in the constitutional argument,” said Howlett.
The Justice Department, which represented the government in the tax case, didn’t respond to a request for comment.
The Supreme Court agreed earlier this month to hear a case challenging the constitutionality of a Minnesota law that could provide more guidance. The law lets local governments keep the surplus value of a home that’s sold to settle tax debts. Though the case focuses on the Fifth Amendment’s Takings Clause, Gedge said it also asks whether the equity theft violates the Eighth Amendment’s Excessive Fines Clause.
“There’s certainly a real possibility that if the Supreme Court reaches that excessive fines question in Tyler that we will get a bit more clarity on what is or is not a fine in the context of civil payments,” he said."
https://news.bloomberglaw.com/us-law-week/supreme-court-punt-in-tax-fine-case-leaves-uncertainty-in-wake
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