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FATCA Unconstitutional Even in Canada

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In the land of the free and home of the brave, we just have to concede, the constitution is just a fictional story for children. It has been buried long ago and what remains above the sand is just for show. It now seems the only way for Americans to get a fair hearing about their constitutional rights is always in another country. Federal judges are just appointed by the President and the likelihood of them ever ruling against the government on any tax issue being unconstitutional is up there along with an alien visitation that solves our debt crisis. Well to be honest – I hear the small grey guys are more liberal so perhaps they would be more likely to help than a federal judge.

Two women in Canada have filed in court alleging that the deal cut with the USA under FATCA violates the Charter of Rights and Freedoms in Canada because it exposes them to potential U.S. criminal penalties without a hearing, it allows their financial information to be seized without a warrant, and because it discriminates between those defined as “U.S. persons” and everyone else.

Of course these challenges should be winners in a US court. But for an American to even file in a US court would allow the IRS to seize all their property in advance and thereby deny you counsel ending the lawsuit. Perhaps if someone had 2 years to live, a lot of friends to take care of them, they might have a the guts to file, but the likelihood of a victory is somewhere in the area of below zero.