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Illinois Supreme Court ruled that the state income tax is unconstitutiona

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BEYOND TREASON Donating Member (92 posts) Send PM | Profile | Ignore Thu Dec-22-05 08:49 AM
Original message
Illinois Supreme Court ruled that the state income tax is unconstitutiona
CHIEF JUSTICE THOMAS delivered the opinion of the court:

At issue in this case is whether the General Assembly violated the single subject clause of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV, §8(d)) when it enacted Public Act 88-669 (Pub. Act 88-669, eff. November 29, 1994). The legislation in Public Act 88-669, entitled "An Act in relation to government regulation," amended, among other statutes, section 1301 of the Illinois Income Tax Act (35 ILCS 5/1301 (West 1994)), to state that a first violation of that section is a Class 4 felony and each subsequent violation is a Class 3 felony. The defendants, Valdy and Malgorzata Olender, had been charged under the amended version of section 1301. Defendants moved to dismiss the indictments against them on the ground that section 1301 had been unconstitutionally amended by Public Act 88-669 in violation of the single subject clause. The circuit court of Cook County granted defendants' motions to dismiss. The State appealed directly to this court pursuant to Supreme Court Rule 302(a) (134 Ill. 2d R. 302(a)). For the following reasons, we affirm the judgment of the circuit court and hold that Public Act 88-669 violates the single subject clause.

http://www.state.il.us/court/Opinions/SupremeCourt/2005/December/Opinions/Html/98932.htm

Im i reading this right?
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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-22-05 08:53 AM
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1. I'm just reading the snip in your OP, not the whole ruling...
but it appears to me what they affirmed was that the 1994 act, which amended the punishment for not paying the tax was unconstitutional. They weren't affirming that the tax itself was unconstitutional.
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ohio_liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-22-05 08:53 AM
Response to Reply #1
2. That's what I got out of it too
n/t
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Benhurst Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-22-05 08:58 AM
Response to Reply #2
3. Damn!
I guess this means I have to continue to pay taxes in Illinois.

:cry:
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