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re: Federal Circuit clears path for tariff refunds

Posted on 3/3/26 at 10:28 am to
Posted by Taxing Authority
Houston
Member since Feb 2010
63249 posts
Posted on 3/3/26 at 10:28 am to
quote:

a) they suffered the damage
And
b) the extent of that damage.

This is not hard.
Indeed. They paid the bill. That's the damage amount.

quote:

Some businesses didnt pay full tariffs (exporter/foreign manufacturers ate some or all of it). Some businesses passed on some or all of the tariff to their customers.
None of this matters. Let's say... you rent a house. If, for example, the income tax gets cut during the year... is your landlord due a refund because the rent could have been higher? Of course not. You paid the tax, you get the refund when you file your return.
Posted by Ten Bears
Florida
Member since Oct 2018
5020 posts
Posted on 3/3/26 at 10:29 am to
quote:

Every dollar paid was lost profit.


The fact that they cannot understand this simple concept blows my mind.
This post was edited on 3/3/26 at 10:36 am
Posted by Flats
Member since Jul 2019
28034 posts
Posted on 3/3/26 at 10:30 am to
quote:

they can't compete on the uneven playing surface.


There's no such thing as an even playing surface.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 10:30 am to
quote:


I see you created an alter.


What the frick?
Posted by Taxing Authority
Houston
Member since Feb 2010
63249 posts
Posted on 3/3/26 at 10:31 am to
quote:

There's no such thing as an even playing surface.
Yeah. We'd have to completely de-value our currency to make an "even playing surface".
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 10:32 am to
quote:

This is so fricking retarded.

It is not

quote:

Trump has the authority to enact tariffs

Only if Congress authorizes it.

As I said, there are multiple options that would have permitted him to issue these tariffs. He chose to enact them pursuant to a statute that did not authorize the admin to issue tariffs. They fricked the frick up.

quote:

but because he said he was using statute A instead of statute B, then they are null and void even though he has the authority under B.

That's how a system of laws, our Constitution, and government works.

quote:

Issuing refunds when Trump has the authority to tariff just because Trump said the wrong number is the height of stupidity.

Did you feel the same way about Biden's student loan forgiveness? His vax mandates?

quote:

If you agree with the refunds, then you simply care more about the process of the law then the law itself and the actual results. It's so mind-numbingly stupid to think that way.

Yeah if you ignore the procedural requirements of each law, which makes a huge difference (and why the admin tried to avoid certain regs by choosing the IEEPA).
This post was edited on 3/3/26 at 10:34 am
Posted by AUCom96
Alabama
Member since May 2020
6964 posts
Posted on 3/3/26 at 10:33 am to
quote:

its up to Congress.



And Congress is bought by lobbyists for the giant corps that benefit from America getting fricked.

As long as there's lobbying, this nation's citizenry will get fricked. The end.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 10:34 am to
quote:

Use the law to hurt your own country and aid foreign countries. So typical.


Did you feel the same way about Biden's student loan forgiveness? His vax mandate?
Posted by Flats
Member since Jul 2019
28034 posts
Posted on 3/3/26 at 10:34 am to
quote:

The fact that they cannot understand this simple concept blow my mind.



Do they even try? The conclusion has already been reached; Trump is right. It doesn't matter what the policy is, it's Trump's therefore it's good for America.

Those first couple of weeks of tariffs and the discussions here lowered the floor so much my mind can't be blown any more.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 10:35 am to
quote:

So it's basically a paperwork and process error, not necessarily a problem with any tariff. Why would any refund be issued?

Because the tariffs were illegal. Null and void. Any amounts collected via this illegal behavior was collected illegally.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 10:35 am to
quote:

A party seeking damages has to prove:

a) they suffered the damage
And
b) the extent of that damage.

It's the amount they had seized via illegal tariff.

This isn't a tort claim.

Posted by Taxing Authority
Houston
Member since Feb 2010
63249 posts
Posted on 3/3/26 at 10:35 am to
quote:

Did you feel the same way about Biden's student loan forgiveness? His vax mandates?
It's pretty hilarious watching people go from "drain the swamp" to "the government should just keep the money it illegally collected".
Posted by Flats
Member since Jul 2019
28034 posts
Posted on 3/3/26 at 10:36 am to
quote:

As long as there's lobbying, this nation's citizenry will get fricked.


Lobbying is a symptom, not the disease. As long as our federal government has so much power that industries have to play that game they'll play that game. The overreaching power of the federal government is the root cause.
Posted by JimEverett
Member since May 2020
2356 posts
Posted on 3/3/26 at 10:39 am to
quote:

I dont believe that is accurate at all. I kerp seeing that assertion on this board and I wonder where its coming from. Trump himself has said the Supreme Court ruling will result in 100s of billions in refunds.

But I won't argue with you about it, because I think the CIT will rule in this relatively quickly.


I think it is clear that the CIT will only deal with the importers of record. The extent a purchaser from the importer has a claim would depend on the language of their contract. But that would be a contractual claim between private parties - not a refund from CIT.
Posted by LawTalkingGuy
Member since Mar 2025
200 posts
Posted on 3/3/26 at 10:41 am to
quote:

As long as there's lobbying, this nation's citizenry will get fricked. The end.


Thats probably true, but its not a valid excuse for going around Congress.

Im honestly in favor of eliminating the Senate filibuster, because it has prevented Congress from doing its job. Stop relying on the filibuster to justify any POTUS from doing what they want.

Our nation was built on debate and compromise. If tariffs are good for our nation (and, again, Im neutral on this question) then convince the naysayers in Congress, and cut a few deals if necessary.
Posted by AUCom96
Alabama
Member since May 2020
6964 posts
Posted on 3/3/26 at 10:42 am to
quote:

As long as our federal government has so much power that industries have to play that game they'll play that game. The overreaching power of the federal government is the root cause.


I think it's the other way around. The government wouldn't have that power without a complicit media, social media network, information network, economic ecosystem... all fueled by the monopolistic global corporate monster, who buys anyone that makes it into the halls of DC. Hell, China and other unfriendly foreign powers have major influence on our reps through lobbying. The entire practice makes the idea of a "by the people" representative government a complete farce.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65563 posts
Posted on 3/3/26 at 10:47 am to
Won't be happening.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65563 posts
Posted on 3/3/26 at 10:50 am to
quote:

Did you feel the same way about Biden's student loan forgiveness? His vax mandates?


When did we collect money from people who had their student loans illegally forgiven by Biden?

When did we collect money from the architects of the vaccine mandates?
This post was edited on 3/3/26 at 10:52 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475995 posts
Posted on 3/3/26 at 11:01 am to
quote:

When did we collect money from people who had their student loans illegally forgiven by Biden?

Not relevant to the language I responded to (see the quoted language) with that question.

quote:

When did we collect money from the architects of the vaccine mandates?


Not relevant to the language I responded to (see the quoted language) with that question.

Try reading the words posted and quoted and try to follow the actual conversation being had, and not trying to create a diversionary side track or just asking an irrelevant question (not sure which was your rhetorical error, it's either intentional dishonesty or lack of ability).
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 3/3/26 at 11:03 am to
quote:

As I said, there are multiple options that would have permitted him to issue these tariffs. He chose to enact them pursuant to a statute that did not authorize the admin to issue tariffs. They fricked the frick up.


What if Trump was given bad advice and a wink wink?
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