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Well this story really caught our attention to new concerns by some that the IRS could soon have the power to seize your passport.
-- that's if you're delinquent.
On paying your taxes.
Even if by the way you haven't paid your taxes but you're not facing any criminal charges.
This is part of the bill.
-- re authorizing transportation Francis are tucked in there.
It's making its way through congress right now I'm -- -- -- already conference -- your property and also pursue criminal cases against tax -- but.
It can't take your passport so it isn't legal to stop citizens from leaving the country let's bring in just.
Run -- criminal defense attorney and former prosecutor Doug burns welcome to you both -- good.
Very interesting topics that Jennifer isn't illegal if it happens.
Different -- he.
Right to travel abroad is it constitutionally.
Protected right now it can be regulated the government have the right to regulate it.
But -- have to be done under the confines of due process and this legislation on its face arguably does not provide the protections.
That are -- when the government is infringing on a person's constitutional right to travel.
And that's what's troubling about this legislation.
But can be regulated yes but they do it Willy Nilly -- have to be.
Protections in place so that people are not having a constitutional rights infringed.
Well I'd get an argument is is that there is due process if you're 50000.
Dollars yet to be 50000 dollars behind in your taxes.
The higher asking -- Yes.
First of all we have a law.
That says if you're in serious career John child support OK your password can be suspended or revoked.
And the State Department can refuse to issue your password so that leads to the next.
Bit of analysis was how would you compare theoretically child support and tax -- the law is you have to be 50000 dollars in arrears.
And the IRS has to have already levied against your property -- filed a lien on your property moreover there are two exceptions that are critical.
If you are fighting it in court or if you have some payment plan in place the law does not apply.
Is that -- I can Jennifer though -- at at when it comes to enforcement because this sounds really.
You know importing disclaimers if there's a Levy as your house or something else going on he should be able to lead the country but.
They're thinking that that's gonna all be organized.
Well when you get -- have hit the country you know there could be some doubt.
Yes and and what happens when they make this determination when you're trying to come back -- your country.
The pro with this bill.
Is that it doesn't have independent oversight BI RS gets to be judge jury and executioner here silly and it has -- -- -- up.
This visionary Jennifer there it wasn't the ire -- and there was another agency and I really went into effect that that changed the -- you -- to change.
This policy -- he's not even a loss.
There should review profits -- -- neutral arbiter -- coming in and say whether it's appropriate for the IRS to take this action to Kurt tell your constitutional right.
There should be a third party there and magistrate and administrative body somebody to review the evidence -- determine whether in fact.
You are delinquent 50000 dollars so the IRS gets -- wrong.
And not -- there have to be a process to only thing that.
-- the reason I was disagreeing is that.
DI IRS if they make this determination of a 50000 dollar or -- -- -- being filed they then.
Switch it over to the State Department.
Jennifer's right of course you wanna have notice and an opportunity contest to contested.
Which is in the child support law it's not and I didn't see it in here reg -- exactly but what had changed it now but it may be in the State Department procedural and it has to be -- -- And it -- department.
Is -- is just the agency that get the passport.
They take notice from the IRS.
And they're adding at least the way I read it.
There isn't going to be any oversight by the State Department which is precisely the problem the other problem with this legislation is that it's been top DN with a funding bill.
Right we don't know whether or not they're actually is support for this type of like just.
Leo and when has to wonder how big of a problem it is -- Americans that I owe more than 50000 dollars in taxes.
We -- the country and I get a quick final thought and IMAP.
Yeah I mean we have 450 billion dollars on paid to the government for the 06 year that was based on -- started so look it's a pretty serious problem.
I don't know exactly how many people necessarily know more than fifty but I don't think people are going to be stopping you at the airport okay.
We'll see what happening and what have you both back Jennifer thank that they had me don't know we don't know we might have -- Jennifer and I nice to see you as always we'll continue to follow this turned out.
Rick is tapped into transportation -- And that's -- as -- believe it passing the senate is now under way in this.
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