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RESTORING the LOST ANTI-INJUNCTION ACT Kristin E
COPYRIGHT © 2017 VIRGINIA LAW REVIEW ASSOCIATION RESTORING THE LOST ANTI-INJUNCTION ACT Kristin E. Hickman* & Gerald Kerska† Should Treasury regulations and IRS guidance documents be eligible for pre-enforcement judicial review? The D.C. Circuit’s 2015 decision in Florida Bankers Ass’n v. U.S. Department of the Treasury puts its interpretation of the Anti-Injunction Act at odds with both general administrative law norms in favor of pre-enforcement review of final agency action and also the Supreme Court’s interpretation of the nearly identical Tax Injunction Act. A 2017 federal district court decision in Chamber of Commerce v. IRS, appealable to the Fifth Circuit, interprets the Anti-Injunction Act differently and could lead to a circuit split regarding pre-enforcement judicial review of Treasury regulations and IRS guidance documents. Other cases interpreting the Anti-Injunction Act more generally are fragmented and inconsistent. In an effort to gain greater understanding of the Anti-Injunction Act and its role in tax administration, this Article looks back to the Anti- Injunction Act’s origin in 1867 as part of Civil War–era revenue legislation and the evolution of both tax administrative practices and Anti-Injunction Act jurisprudence since that time. INTRODUCTION .................................................................................... 1684 I. A JURISPRUDENTIAL MESS, AND WHY IT MATTERS ...................... 1688 A. Exploring the Doctrinal Tensions.......................................... 1690 1. Confused Anti-Injunction Act Jurisprudence .................. 1691 2. The Administrative Procedure Act’s Presumption of Reviewability ................................................................... 1704 3. The Tax Injunction Act .................................................... 1707 B. Why the Conflict Matters ....................................................... 1712 * Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School. -
Measuring Tax Burden: a Historical Perspective
This PDF is a selection from an out-of-print volume from the National Bureau of Economic Research Volume Title: Fifty Years of Economic Measurement: The Jubilee of the Conference on Research in Income and Wealth Volume Author/Editor: Ernst R. Berndt and Jack E. Triplett, editors Volume Publisher: University of Chicago Press Volume ISBN: 0-226-04384-3 Volume URL: http://www.nber.org/books/bern91-1 Conference Date: May 12-14, 1988 Publication Date: January 1991 Chapter Title: Measuring Tax Burden: A Historical Perspective Chapter Author: B. K. Atrostic, James R. Nunns Chapter URL: http://www.nber.org/chapters/c5981 Chapter pages in book: (p. 343 - 420) 11 Measuring Tax Burden: A Historical Perspective B. K. Atrostic and James R. Nunns 11.1 Introduction 11.1.1 Overview Measures of tax burden are indicators of how well tax policy meets one of its primary goals, equitably raising the revenues needed to run government. Equity has two aspects. The first, vertical equity, concerns the way taxes are distributed among taxpayers with different abilities to pay. The second, hori- zontal equity, concerns the way taxes are distributed among taxpayers with the same ability to pay. Tax burden measures thus answer broad economic and social questions about the effect of tax policy on the distribution of income and wealth. The history of these measures incorporates the histories of economic and world affairs, major tax and economic policy legislation, intellectual and so- cial movements, and data and technological innovation in the fifty years since the first meeting of the Conference on Research in Income and Wealth. -
Table of Contents
Table of Contents Preface ..................................................................................................... ix Introductory Notes to Tables ................................................................. xi Chapter A: Selected Economic Statistics ............................................... 1 A1. Resident Population of the United States ............................................................................3 A2. Resident Population by State ..............................................................................................4 A3. Number of Households in the United States .......................................................................6 A4. Total Population by Age Group............................................................................................7 A5. Total Population by Age Group, Percentages .......................................................................8 A6. Civilian Labor Force by Employment Status .......................................................................9 A7. Gross Domestic Product, Net National Product, and National Income ...................................................................................................10 A8. Gross Domestic Product by Component ..........................................................................11 A9. State Gross Domestic Product...........................................................................................12 A10. Selected Economic Measures, Rates of Change...............................................................14 -
What Code Section 108 Tells Us About Congress’S Response to Economic Crisis
ARMSTRONG-PROOF DONE.DOCM 8/8/2011 10:41 AM FROM THE GREAT DEPRESSION TO THE CURRENT HOUSING CRISIS: WHAT CODE SECTION 108 TELLS US ABOUT CONGRESS’S RESPONSE TO ECONOMIC CRISIS Monica D. Armstrong* I. Introduction ......................................................................... 70 II. Discharge of Indebtedness: Gross Income or Not—Its Complicated History ............................................................ 72 III. The Great Depression, Kirby Doctrine, ............................... 76 and the Judicially-Created Insolvency Exception ............... 76 A. Net Assets Test: Defining Insolvency ......................... 79 B. Purchase Price Reduction Exception ............................ 80 C. Gift Exception ............................................................... 82 D. Codification of the Judicially-Created Exceptions: Bankruptcy Tax Act of 1980 ........................................ 83 IV. Economic Crisis: The Farm Credit Crisis of the 1980s Response: Section 108(a)(1)(C) ......................................... 85 A. Definition of QFI .......................................................... 87 B. Criticisms of the Section 108(a)(1)(C): Tax Attribute Limitation Contrary to Legislative Intent ...... 88 C. Insolvent Farmers Excluded ......................................... 89 D. “Trade or Business of Farming” ................................... 90 E. Gross Receipts Test ...................................................... 90 V. Economic Crisis: Housing/Mortgage Crisis Congressional Response: Section 108(a)(1)(E) -
"Relief" Provisions in the Revenue Act of 1943
"RELIEF" PROVISIONS IN THE REVENUE ACT OF 1943 By JAMES E. FAHEY t THE Revenue Act of 1943 1 is an anomaly in the framework of income tax legislation.2 Its most obvious distinction lies in the manner of its enactment. It is the first revenue raising measure ever to be vetoed by a president and the first ever to be passed over veto. The political storm which engulfed Congress and the President over the bill's passage cen- tered in large measure over the so-called "relief" provisions found in the bill. These provisions alternately have been defended as accomplishing the correction of existing inequities in the law and assailed as providing loopholes enabling certain favored individuals and industries to avoid their equitable share in financing the war. A scrutinization of these con- troversial provisions in the light of the situations which they were de- signed to change may serve to focus the issue more clearly for the reader whose opinions are yet to be crystallized. Specifically, the President's veto message ' criticized five "relief" pro- visions in the bill as being special privilege measures. They were the provision for non-recognition of gain or loss on corporate reorganiza- tions carried on under court supervision and the concomitant "basis" provision,4 the extension of percentage depletion to certain minerals which were theretofore denied its use,' a provision making optional to taxpay- ers in the timber or logging business an accounting procedure which would enable them to treat the cutting of their timber as the sale of a capital asset,6 the extension of favored excess profits tax treatment formerly given only to producers of minerals and timber to producers of natural gas,7 and a broadening of the existing exemption of air mail carriers from excess profits taxes.8 t fember of the Kentucky Bar; Lecturer in Taxation, University of Louisville Law School. -
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked Stephanie Hunter Mcmahon
Journal of Legislation Volume 37 | Issue 2 Article 1 5-1-2011 Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked Stephanie Hunter McMahon Follow this and additional works at: http://scholarship.law.nd.edu/jleg Recommended Citation McMahon, Stephanie Hunter (2011) "Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked," Journal of Legislation: Vol. 37: Iss. 2, Article 1. Available at: http://scholarship.law.nd.edu/jleg/vol37/iss2/1 This Article is brought to you for free and open access by the Journal of Legislation at NDLScholarship. It has been accepted for inclusion in Journal of Legislation by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. POLITICAL HOT POTATO: HOW CLOSING LOOPHOLES CAN GET POLICYMAKERS COOKED Stephanie HunterMcMahon* ABSTRACT Loopholes in the law are weaknesses that allow the law to be circumvented Once created, they prove hard to eliminate. A case study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The 1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional reform and, receiving none, reduced their roles policing wealthy couples' tax abuse. The other branches would no longer accept the delegated power to regulate the tax unit. By examining these developments, this article explores the impact of the separation of powers on the closing of loopholes and adds to our understandingof how the government operates. -
Joint Committee on Taxation Description of Revenue Provisions
[JOINT COMMITTEE PRINT] DESCRIPTION OF REVENUE PROVISIONS CONTAINED IN THE PRESIDENT’S FISCAL YEAR 2010 BUDGET PROPOSAL PART TWO: BUSINESS TAX PROVISIONS Prepared by the Staff of the JOINT COMMITTEE ON TAXATION September 2009 U.S. Government Printing Office Washington: 2009 JCS-3-09 JOINT COMMITTEE ON TAXATION 111TH CONGRESS, 1ST SESSION ________ HOUSE SENATE Charles B. Rangel, New York Max Baucus, Montana Chairman Vice Chairman Fortney Pete Stark, California John D. Rockefeller IV, West Virginia Sander M. Levin, Michigan Kent Conrad, North Dakota Dave Camp, Michigan Chuck Grassley, Iowa Wally Herger, California Orrin G. Hatch, Utah Thomas A. Barthold, Chief of Staff Emily S. McMahon, Deputy Chief of Staff Bernard A. Schmitt, Deputy Chief of Staff CONTENTS Page INTRODUCTION .......................................................................................................................... 1 I. TAX INCENTIVES AND OTHER TAX REDUCTIONS ................................................ 2 A. Increase in Limitations on Expensing of Certain Depreciable Business Assets ........... 2 B. Qualified Small Business Stock .................................................................................... 5 C. Make the Research Credit Permanent ........................................................................... 7 D. Expand Net Operating Loss Carryback ...................................................................... 25 E. Restructure Transportation Infrastructure Assistance to New York City ................... 30 II. REVENUE RAISING -
Tax Reform and Capital Gains: the Aw R Against Unfari Taxes Is Far from Over Richard A
Journal of Legislation Volume 14 | Issue 1 Article 1 1-1-1987 Tax Reform and Capital Gains: The aW r against Unfari Taxes Is Far from Over Richard A. Gephardt Michael R. Wessel Follow this and additional works at: http://scholarship.law.nd.edu/jleg Recommended Citation Gephardt, Richard A. and Wessel, Michael R. (1987) "Tax Reform and Capital Gains: The aW r against Unfari Taxes Is Far from Over," Journal of Legislation: Vol. 14: Iss. 1, Article 1. Available at: http://scholarship.law.nd.edu/jleg/vol14/iss1/1 This Article is brought to you for free and open access by the Journal of Legislation at NDLScholarship. It has been accepted for inclusion in Journal of Legislation by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. TAX REFORM AND CAPITAL GAINS: THE WAR AGAINST UNFAIR TAXES IS FAR FROM OVER Richard A. Gephardt* with Michael R. Wessel** INTRODUCTION In the fall of 1986, Congress completed the process of fundamen- tally reforming the U.S. Tax Code. The House of Representatives passed a comprehensive tax reform bill late in December 1985.1 The bill underwent radical change in the Senate Finance Committee. 2 Pres- ident Reagan signed the Tax Reform Act of 19861 on October 22, 1986. The U.S. Tax Code has grown from eighty-nine pages in 19134 to thousands of pages in 1987. Additionally, the regulations and case law needed to interpret the Code require analysis of volumes of reference materials.' The Deficit Reduction Act of 19846 alone topped 1,300. pages. -
The Revenue Act of 1943: a Quick View of Its Income and Excess Profits Tax Provisions of General Interest to Corporations Ralph R
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1944 The Revenue Act of 1943: A Quick View of Its Income and Excess Profits Tax Provisions of General Interest to Corporations Ralph R. Neuhoff Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Neuhoff, Ralph R., "The Revenue Act of 1943: A Quick View of Its Income and Excess Profits aT x Provisions of General Interest to Corporations" (1944). Minnesota Law Review. 2134. https://scholarship.law.umn.edu/mlr/2134 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Assoczation, VOLUME 28 APRIL, 1944 No. 5 THE REVENUE ACT OF 1943 A QUICK VIEW OF ITS INCOME AND EXCESS PROFITS TAX PROVISIONS OF GENERAL INTEREST TO CORPORATIONS By RALPH R. NEUHOFF * The Revenue Act 1943,' is, in many parts, not informative. This is due to several reasons. It is not a comI~lete taxing statute in itself, but rather a series of amendments to the Internal Rev- enue Code and other acts of Congress, which require reference to the context to be understood. Moreover it suffers from the handi- caps of all of our current revenue legislation in that the para- mount need is to be definite. If in being definite the statute is so replete with cross references to other parts of the Code, which are made only by section numbers, as to be incomprehensible, that is too bad but still true. -
The 100 Most Significant Events in American Business : an Encyclopedia / Quentin R
THE 100 MOST SIGNIFICANT EVENTS IN AMERICAN BUSINESS An Encyclopedia Quentin R. Skrabec, Jr. (c) 2012 ABC-Clio. All Rights Reserved. The 100 Most Significant Events in American Business (c) 2012 ABC-Clio. All Rights Reserved. THE 100 MOST SIGNIFICANT EVENTS IN AMERICAN BUSINESS An Encyclopedia Quentin R. Skrabec, Jr. (c) 2012 ABC-Clio. All Rights Reserved. Copyright 2012 by ABC-CLIO, LLC All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Skrabec, Quentin R. The 100 most significant events in American business : an encyclopedia / Quentin R. Skrabec, Jr. p. cm. Includes bibliographical references and index. ISBN 978-0-313-39862-9 (hbk. : alk. paper) — ISBN 978-0-313-39863-6 (ebook) 1. United States—Commerce—History—Encyclopedias. 2. Industries— United States—History—Encyclopedias. 3. Business—History—Encyclopedias. I. Title. II. Title: One hundred most significant events in American business. HF3021.S57 2012 338.097303—dc23 2011050442 ISBN: 978-0-313-39862-9 EISBN: 978-0-313-39863-6 16 15 14 13 12 1 2 3 4 5 This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. Greenwood An Imprint of ABC-CLIO, LLC ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America (c) 2012 ABC-Clio. -
The Statutory Evolution of the Excess Profits Tax
THE STATUTORY EVOLUTION OF THE EXCESS PROFITS TAX C. RUDOLF PETERSON* It is less than three years since Congress, following the example of World War I, enacted a general excess profits tax-the Excess Profits Tax Act of i94o. In the inter- vening period there has been one act, the Excess Profits Tax Amendments of 1941, devoted entirely to amendment of the original provisions; a second, the Revenue Act of 1941, which made further important amendments; and now recently a third, the Revenue Act of I942, which, of its 208 pages, contains 47 on the subject of excess profits-2o more than the original Act itself. Inter arma non silent leges. The 194o Act came as a result of the greatly accelerated defense effort which was one of the consequences of the German successes in the West in the spring of that year. On May 16, the President urged upon Congress the pressing necessity for increased defense expenditures.1 Congress responded immediately and, to assist in financing the additional appropriations, passed the Revenue Act of 194o (to be distinguished from the Second Revenue Act of i94o, Title II of which constituted the Excess Profits Tax Act of 1940). By this Act, individual surtax rates were in- creased, personal exemptions were reduced, corporate rates were raised by i%, and a defense tax of io% of the tax otherwise computed was imposed on all taxpayers, individuals and corporations alike, for a period of five years. This Act was approved June : 5th. The administration next turned its attention to the social consequences of the greatly increased expenditures to be made by the Government for war purposes, the major problem being the extent to which taxpayers should be permitted to make money out of the national emergency. -
History of the Combat Zone Tax Exclusion
Chapter 7 History of the Combat Zone Tax Exclusion BRANDON R. GOULD STANLEY A. HOROWITZ Executive Summary Exclusion of military pay from federal income taxes has been a longstanding element of U.S. policy on war finance, combat compensation, and revenue collection in combat zones. The Combat Zone Tax Exclusion (CZTE) was originally established to alleviate the burden of war finance from those who fought in the nation’s conflicts. During World War (WW)II, combat tax benefits were separated from war finance policy and became a permanent component of combat compensation. Over time, administrative policies and changes to the tax code have eroded the tax exclusion’s traditional purpose, while generating an unintended distribution of benefits. At present, the CZTE neither serves its original purpose nor its later historical role of selectively rewarding those who face a high level of combat risk. The CZTE was originally created to exempt servicemembers from income tax increases required to finance WWI and WWII. The first income tax exclusion, established in the Revenue Act of 1918, fully offset across-the-board cuts in the personal income tax deduction with a $3,500 tax exclusion for active military personnel. The policy was reprised in the Revenue Act of 1942 through a $250 ($300 for married members) exemption that precisely offset a contemporaneous cut in the personal deduction. Unlike its WWI predecessor, the 1942 exclusion was not available to commissioned officers. Legislative history indicates that the Congress’s purpose for both exclusions was clear: those who fought the nation’s wars should not bear the “double burden” of financing the conflict.