Wall Street Journal Cites CIC Services For Standing Up To The Administrative State

We at CIC Services have always considered ourselves to be champions of small and middle-market businesses.  And for that reason, we have been working since 2005 to help small and middle-market companies protect and insure the businesses they have built by owning their own insurance companies.

Along the way, we have also been champions for truth in an industry where a handful of self-aggrandizing pundits labor to create fear, uncertainty, and doubt in the minds of business owners, their C suites and their advisors.  Crossing swords with pundits, refuting nonsense and providing clear-headed, insightful commentary on the captive insurance industry is a duty and a privilege.

The WALL STREET JOURNAL (WSJ) recently cited CIC Services for standing up to the IRS and the illegally-issued Notice 2016-66.  In the OPINION section on September 19, 2019, in an article titled, “Administrative State Under Judicial Fire,” the WSJ reported that the Sixth Circuit Court of Appeals was grappling with the limits of agency power in the case of CIC Services v. IRS.  Although the IRS narrowly prevailed, WSJ reported that the case may be taken up by the Supreme Court since, as was noted by Judge Jeffrey, Supreme Court precedents “point in opposite directions,” and the “High Court is in a better position to decide the question.”

Importantly, Judge Amul Thapar, who wrote for the dissenters in the Sixth Circuit in CIC Services v. IRS en banc petition decision argued for the importance of “judicial review of agency decisions.”  According to the WSJ:

He noted that the “Founders deliberately gave the taxing power to Congress but now an executive agency exercises it “in ways that the Founders never would have envisioned.”

The WSJ also reported that recent “Fifth and Sixth Circuit opinions show that lower courts are engaging with this issue with a new level of intensity” – the issue being the ability of the administrative state to create taxes by fiat without the vote of Congress and the ability to ignore the Administrative Procedures Act. The WSJ article concluded that “The Supreme Court will soon need to weigh in more forcefully than it has.”

As we have reported in prior Captivating Thinking articles, CIC Services will be asking the Supreme Court to review the case, and we have picked up increasing support along the way.  Administrative state overreach is a threat to all Americans – not just small and mid-market business owners, and CIC Services is committed to championing the cause.

To find the article in the WSJ:

https://www.wsj.com/news/archives/20190919 

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REVIEW & OUTLOOK
Administrative State Under Judicial Fire
Appeals courts brawl over agency power. Will the Justices intervene?