Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
Today the Supreme Court granted certiorari in Moore v United States, which considers the estent to which the 16th Amendment constrains Congress’s ability to impose different sorts of taxes and, in particular, whether Congress may tax unrealized income without apportionment.
Here is the question presented from the petition for certiorari:
The Sixteenth Amendment authorizes Congress to lay “taxes on incomes…without apportionment among the several States.” Beginning with Eisner v. Macomber, 252 U.S. 189 (1920), this Court’s decisions have uniformly held “income,” for Sixteenth Amendment purposes, to require realization by the taxpayer. In the decision below, however, the Ninth Circuit approved taxation of a married couple on earnings that they undisputedly did not realize but were instead retained and reinvested by a corporation in which they are minority shareholders. It held that “realization of income is not a constitutional requirement” for Congress to lay an “income” tax exempt from apportionment. App.12. In so holding, the Ninth Circuit became “the first court in the country to state that an ‘income tax’ doesn’t require that a ‘taxpayer has realized income.’” App.38 (Bumatay, J., dissenting from denial of rehearing en banc).
The question presented is:
Whether the Sixteenth Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
As noted in the brief, the U.S. Court of Appeals for the Ninth Circuit denied rehearing en banc over a dissent from Judge Bumatay. I suspect that was a flag to the Court that this case could be cert-worthy. Either that or it was the amicus brief filed by my colleague Erik Jensen (along with James Ely and the Manhattan Institute). Either way, this will be an interesting case to watch next term.
Briefs and lower court opinions can be found here.
The post Supreme Court to Consider Scope of Congress’s Taxing Power under the 16th Amendment appeared first on Reason.com.
Source: https://reason.com/volokh/2023/06/26/supreme-court-to-consider-scope-of-congresss-taxing-power-under-the-16th-amendment/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Online: | |
| Visits: | 1,657,943,988 |
| Stories: | 8,300,770 |
Whistler Blowers, Insiders
