Federal Register

Total Page:16

File Type:pdf, Size:1020Kb

Federal Register PS AHE .PAtEtr «ONAU» ^ " ■ ITTTBä 1 Vi FEDERAL REGISTER VOLUME I \ 1934 ^ NU M BER 175 ^ O M I-n o * Washington, Saturday, November li , TREASURY DEPARTMENT. C o n t e n t s Bureau of Internal Revenue. CHAPTER I [Regulations 94] Scope of Regulations I ncom e T a x U nder th e R evenu e A c t o p 1936 Title I—Income Tax, Subtitle A—Introductory Provisions INTRODUCTORY [Tbe section numbers refer to the Revenue Act of 1936 and the article numbers to Regulations 94] These regulations deal with, the tax imposed on income by Section 1. Application of title. the Revenue Act of 1936. Article 1—1. Scope of regulations. Since these regulations deal only with the tax on income, Section 2. Cross references. certain parts of the Act, which are general in their nature, Section 3. Classification of provisions. Article 3-1. Division of regulations. or which do not relate directly to the im posing and collecting Section 4. Special classes of taxpayers. of the tax, have not been printed in the body of these Article 4-1. Application of regulations to special classy of regulations, but have been inserted in the Appendix, where taxpayers. they are grouped and classified under proper headin gs. F or CHAPTER H this reason the main body of these regulations deals only with Titles I, IA, and VUE of the Act. Treasury Decision Rates of Tax 4666, approved July 16, 1936, and Treasury Decision 4690, Subtitle B—General Provisions, Part I—Rates of Tax approved August 26, 1936, relating to the excess-profits tax Section 11. Normal tax on individuals. imposed under Title I of the Revenue Act of 1935, as Article 11—1. Income tax on individuals. amended by Title n of the Revenue Act of 1936, have been 11-2. Citizens or residents of the United States liable printed in their entirety in the Appendix. The regulations to tax. 11- 8. Who Is a citizen. under Title HE of the Act, relating to the tax on unjust Section 12. Surtax on individuals. enrichment, have been promulgated as Regulations 95. Article 12-1. Surtax. The numbering of the respective articles in the body of the 12- 2. Computation of surtax. regulations follows the plan adopted in Regulations 86 pre­ Section 13. Normal tax on corporations. * Article 13—1. Normal income tax on corporations. scribed under the Revenue Act of 1934. In accordance with Section 14. Surtax on undistributed profits. this plan the numbers of the sections of the Act are used as Article 14—1. Surtax on undistributed profits of corporations. key numbers, followed by a dash (— ), with the number of the 14-2. Method of computation of surtax— Example. 14-3. Specific credit if adjusted net Income is less than article placed after the dash. By this means anyone who $50,000. desires to learn how a given section or subsection of the Act has been interpreted by the Bureau can readily and quickly CHAPTER H I find that interpretation by using the key number. Thus, if Gross Income—Net Income one desires to learn what interpretation has been placed on section 21 of the Act, he should turn to article 21-1 of the Part n —Computation of Net Income regulations. In some cases several articles are necessary in Section 21. Net Income. the interpretation of different phases of one section or sub­ Article 21—1. Meaning of net income. Section 22 (a). Gross income: General definition. section or paragraph of the Act. For example, section 23 <m), Article 22 (al—1. What included in gross income. dealing with “Depletion”, requires many articles, iftmh of 22 (a>—2. Compensation for personal services. them, however, is designated by the key 23 (m ); for evampio 22 (a)-3. Compensation paid other than in cash. article 23 (m )-l, article 23 (m ) 2. It is believed that by this 22 (a )-4. Compensation paid in notes. 22 (a )—6. Gross income from business. keying the numbers of the articles to the sections, subsections, 22 (a )- 6. State contracts. and paragraphs of the Act, the material in the regulations is 22 (a)—7. Gross income of farmers. made more readily available. 22 (a)—$. Sale of stock and rights. 22 (a)—9. Sale of patents and copyrights. The regulations proper have been divided into chapters. 22 (a )—10. Sale of good will. The material to be found in each respective chapter is shown 22 (a )—11. Sale of real property in lots. in the “Contents.” The classification of the material by ) 22 (a)—12. Annuities and insurance policies. chapters follows the arrangement of the corresponding sec­ 22 (a)-13. Improvements by lessees. tions of the Act. 22 (a )—14. Cancellation of indebtedness. 22 (a)—15. Creation of sinking fund by corporation. Certain important provisions of prior Revenue Acts from 22 (a )—16. Acquisition, or disposition by a corporation of 1924 to date, together with important sections of the Revised its own capital stock. Statutes relating to income tax, will be found, in the Appendix, 22 (a )—17. Contributions to corporation by shareholders. 22 (a )—18. Sale and purchase by corporation of its bonds. classified and grouped under the proper hoadinga, 22 (a )—19. Sale of capital assets by corporation. 2093 2094 FEDERAL REGISTER, November 14, 1936 Se c tio n 22 (c) Gross income: Inventories. Article 22 (c)-l. Need of inventories. 22 (c)-2. Valuation of inventories. 22 (c)-3 . Inventories at cost. 22 (c)—4. Inventories at cost or market, whichever is lower. 22 (c>—5- Inventories by dealers in securities. 22 (c)—6. Inventories of live stock raisers and other farmers. 22 (c)—7. Inventories of miners and manufacturers. 22 (c)—8. Inventories of retail merchants. Section 22 (d ). Gross income: Distribution by corporations. Published by the Division of the F e d e r a l R e g is t e r , The National Se c tio n 22 (e ). Gross income: Determination of gain or loss. Archives, pursuant to the authority contained in the Federal Pur-mrur 22 (f). Gross income: Gross income from sources within Register Act, approved July 26, 1935 (49 Stat. L. 500), under reg­ «■•nri without United States. ulations prescribed by tha Administrative Committee, with the approval of the President. CHAPTER IV The Administrative Committee consists of the Archivist or Acting Deductions From Gross' Income Archivist, an officer of the Department of Justice designated by the Se c tio n 23 (a ). Deductions from gross income: Expenses. Attorney General, and the Public Printer or Acting Public Printer. Article 23 (a )- l. Business expenses. 23 (a )-2. Traveling expenses. The daily issue of the F ederal R egister will be furnished by mail 23 (a)-3. Cost of materials. to subscribers, free of postage, for $1 per month or $10 per year; 23 (a)-4. Repairs. single copies 5 cents; payable in advance. Remit by money order 23 (a)~6. Professional expenses. payable to Superintendent of Documents, Government Printing 23 (a)-6 . Compensation for personal services. Office, Washington, D. C. 23 (a)—7. Treatment of excessive compensation. Correspondence concerning the publication of the F ederal 23 (a>-8. Bonuses to employees. 23 (a)—9. Pensions—Compensation for injuries. R egister should be addressed to the Director, Division of the F ederal R egister, The National Archives, Washington, D. O. 23 (a )—10. Rentals. 23 ( a ) - l l . Expenses of farmers. 23 (a )—12. Depositors* guaranty fund. Se c tio n 23 (b). Deductions from gross-income: Interest. Article 23 (b )-l. Interest. TABLE OF CONTENTS Se c tio n 23 (c). Deductions from gross income: Taxes generally. ..Article 23 (c )—1. Taxes. 23 (c )—2. Federal duties and excise taxes. Interstate Commerce Commission: Page Application for relief from long-and-short-haul provi­ 23 (c)-3. Taxes for local benefits. Sec tio n 2 3 (d ). Deductions from gross income: Taxes of share­ sion, Interstate Commerce Act: holder paid by corporation. Handles from, to, and between points in the South-. Article 23 (d )-l. Tax on bank or other stock. west____________________________________ _____________ 2156 S e c tio n 23 (e ) . Deductions from gross income: Losses by individuals. Notice of hearing, application to operate as common Article 23 (e )- l. Losses by individuals. carrier: 23 (e)—2. Voluntary removal of buildings. Dekay, C. M___________________________ !--------- ---------- 2155 23 (e)-3. Loss of useful value. Securities and Exchange Commission: 23 (e )—4. Shrinkage in value of stocks. Order terminating proceeding, offering sheet by: 23 (e)-5. Losses of farmers. Carraher, W. H----------------------------- ------- _______ 2156 1 Sec tio n 23 ( f ) . Deductions from gross income: Losses by corpora­ Permanent suspension order, offering sheet by: tions. Knickerbocker, P. R ------------------------------ 2157 , Article 23 ( f ) - l . Losses by corporations. Securities Act of 1933: Se c tio n 23 ( g ) . Deductions from gross income: Wagering losses. Adoption oi, Rule 600—Financial statements--------------2156 Sec tio n 23 (h ). Deductions from gross income: Basis for determin­ Suspension order, etc_ offering sheet by: ing loss. Thompson, T. G— ----------------------------------------------- 2157 Article 23 (h )-l. Basis for determining loss. Treasury Department: Sec tio n 23 (i). Deductions from gross income: Loss on wash sales Bureau of Internal. Revenue: of stock or securities. Regulations 94—Income Tax under the Revenue Se c tio n 23 (J ). Deductions from gross income: Capital losses. Act of 1936: nnnn Se c tio n 23 ( k ) . Deductions from gross income: Bad debts. Table of Contents_______________________________ 2093 Article 23 (k )—1. Bad debts. Chapter L—Introductory Provisions, Subtitle A 23 (k )—2. Examples of bad debts. of T itle I ________________________ 2100 23 (k )-3 .
Recommended publications
  • A Brief Description of Federal Taxes
    A BRIEF DESCRIFTION OF FEDERAL TAXES ON CORPORATIONS SINCE i86i WMUAu A. SU. ND* The cost to the federal government of financing the Civil War created a need for increased revenue, and Congress in seeking new sources tapped theretofore un- touched corporate and individual profits. The Act of July x, x862, amending the Act of August 5, x86i, is the first law under which any federal income tax was collected and is considered to be largely the basis of our present system of income taxation. The tax acts of the Civil War period contained provisions imposing graduated taxes upon the gain, profits, or income of every person2 and providing that corporate profits, whether divided or not, should be taxed to the stockholders. Certain specified corporations, such as banks, insurance companies and transportation companies, were taxed at the rate of 5%, and their stockholders were not required to include in income their pro rata share of the profits. There were several tax acts during and following the War, but a description of the Act of 1864 will serve to show the general extent of the coiporate taxes of that period. The tax or "duty" was imposed upon all persons at the rate of 5% of the amount of gains, profits and income in excess of $6oo and not in excess of $5,000, 7Y2/ of the amount in excess of $5,ooo and not in excess of -$o,ooo, and io% of the amount in excess of $Sxooo.O This tax was continued through the year x87i, but in the last two years of its existence was reduced to 2/l% upon all income.
    [Show full text]
  • The Background of the Revenue Act of 1937
    THE BACKGROUND OF THE REVENUE ACT OF 1937 RANDOLPzH E. PAUL* O N AUGUST 28, 1894, Congress enacted what was then considered a drastic income tax statute.' It carried a rate of 2%. The stat- ute was regarded by many with horror. Mr. Joseph H. Choate, then a leader of the New York bar, called the act "communistic in its pur- poses and tendencies," and confiscatory. 3 Words momentarily failed even Mr. Choate before the Supreme *Court, but he managed to label the prin- ciples upon which the tax was defended in that court as "communistic, socialistic-what shall I call them-populistic4 as ever have been ad- dressed to any political assembly in the world." s No attempt was made to circumvent this outrageous "direct" tax upon property. None was ever necessary. A direct frontal attack was made in the famous Pollock case and was successful by the recently noteworthy margin of five to four. Th6 decision, dose as it was, "forcibly interred"6 the contested statute and the nineteenth century had a peaceful ending. Taxpayers were safe until orderly constitutional process made the six- teenth Amendment effective on February 25, I913 Jand "direct" income taxation was possible without the impossible8 apportionment requirement. On this day the peace won by Mr. Choate proved merely a truce, and war was declared. In the beginning it was a quiet, good-natured conflictY It * Member of the New York bar. '28 Stat. 553 (1894), 31 U.S.C.A., § 372 (1929). 2 Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429, 532 (1895).
    [Show full text]
  • Report No. 82-156 Gov Major Acts of Congress And
    REPORT NO. 82-156 GOV MAJOR ACTS OF CONGRESS AND TREATIES APPROVED BY THE SENATE 1789-1980 Christopher Dell Stephen W. Stathis Analysts in American National Governent Government Division September 1982 CONmGHnItNA^l JK 1000 B RE filmH C SE HVICA^^ ABSTRACT During the nearly two centuries since the framing of the Constitution, more than 41,000 public bills have been approved by Congress, submitted to the President for his approval and become law. The seven hundred or so acts summarized in this compilation represent the major acts approved by Congress in its efforts to determine national policies to be carried out by the executive branch, to authorize appropriations to carry out these policies, and to fulfill its responsibility of assuring that such actions are being carried out in accordance with congressional intent. Also included are those treaties considered to be of similar importance. An extensive index allows each entry in this work to be located with relative ease. The authors wish to credit Daphine Lee, Larry Nunley, and Lenora Pruitt for the secretarial production of this report. CONTENTS ABSTRACT.................................................................. 111 CONGRESSES: 1st (March 4, 1789-March 3, 1791)..................................... 3 2nd (October 24, 1791-March 2, 1793)................................... 7 3rd (December 2, 1793-March 3, 1795).................................. 8 4th (December 7, 1795-March 3, 1797).................................. 9 5th (May 15, 1797-March 3, 1799)....................................... 11 6th (December 2, 1799-March 3, 1801)................................... 13 7th (December 7, 1801-Marh 3, 1803)................................... 14 8th (October 17, 1803-March 3, 1805)....... ........................... 15 9th (December 2, 1805-March 3, 1807)................................... 16 10th (October 26, 1807-March 3, 1809)..................................
    [Show full text]
  • Economic Mobility Behaviors Due to Earned Income Tax Credit Policy: a Case Study of a Southern California Population
    Pepperdine University Pepperdine Digital Commons Theses and Dissertations 2013 Economic mobility behaviors due to earned income tax credit policy: a case study of a southern California population Eugene J. Anton Follow this and additional works at: https://digitalcommons.pepperdine.edu/etd Recommended Citation Anton, Eugene J., "Economic mobility behaviors due to earned income tax credit policy: a case study of a southern California population" (2013). Theses and Dissertations. 415. https://digitalcommons.pepperdine.edu/etd/415 This Dissertation is brought to you for free and open access by Pepperdine Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. i Pepperdine University Graduate School of Education and Psychology ECONOMIC MOBILITY BEHAVIORS DUE TO EARNED INCOME TAX CREDIT POLICY: A CASE STUDY OF A SOUTHERN CALIFORNIA POPULATION A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Education in Organizational Leadership by Eugene J. Anton November, 2013 Kent Rhodes, Ed.D. – Dissertation Chairperson ii This dissertation, written by Eugene J. Anton under the guidance of a Faculty Committee and approved by its members, has been submitted to and accepted by the Graduate Faculty in partial fulfillment of the requirements for the degree of DOCTOR OF EDUCATION Doctoral Committee: Kent Rhodes, Ed.D., Chairperson Leo Mallette, Ed.D. James Dellaneve, Ed.D. iii © Copyright by Eugene J. Anton (2013) All Rights Reserved iv TABLE OF CONTENTS Page TABLE OF CONTENTS ............................................................................................................... iv LIST OF TABLES ........................................................................................................................
    [Show full text]
  • 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
    [Show full text]
  • "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.
    [Show full text]
  • The Revenue Act of 1934
    March, 1935 THE REVENUE ACT OF 1934 GEORGE GRAYSON TYLER t AND JOHN P. OHL X Congress, probably inspired by the disclosures of the investigations of the Banking and Currency Committee, passed House Resolution 183, on June 9, 1933, thereby authorizing the Ways and Means Committee to in- vestigate methods of preventing the evasion and avoidance of taxes, means of simplifying the revenue laws and possible new sources of revenue. Pur- suant to this Resolution, a Subcommittee of the Committee on \Ways and Means conducted an inquiry prior to the convening of the second session of the 73d Congress. The Subcommittee filed "A Preliminary Report" ' on December 4, 1933, upon the subjects, of tax avoidance, evasion and sim- plification. In response to the Subcommittee's recommendations, the then Acting Secretary of the Treasury, Henry Morgenthau, Jr., issued a state- ment 2 differing in many important particulars from the conclusions reached by the Subcommittee. As a result of the above investigations, H. R. 7835 was introduced in the House and referred to the Committee on Ways and Means. After extensive hearings 3 the bill was reported out with amendments by the Com- 4 mittee and a report was submitted thereon. On February 21, 1934, the House passed the bill with minor committee amendments. 5 Then, having been introduced in the Senate, the bill was referred to the Finance Com- mittee, which, after further hearings,0 reported it 7 with substantial amend- ments. Further material changes were made on the floor of the Senate s before passage. Thereafter, the Conference Committee on the disagreeing votes of the two Houses made its recommendations reconciling the differ- j- Formerly assistant to Professor Roswell Magill, former assistant to the Secretary of the Treasury; member of the New York Bar.
    [Show full text]
  • REVIEW of INTERNAL REVENUE CODE SECTION 501(C)(3) REQUIREMENTS for RELIGIOUS ORGANIZATIONS
    REVIEW OF INTERNAL REVENUE CODE SECTION 501(c)(3) REQUIREMENTS FOR RELIGIOUS ORGANIZATIONS HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT OF THE COMMITTEE ON WAYS AND MEANS HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION MAY 14, 2002 Serial No. 107–69 Printed for the use of the Committee on Ways and Means ( U.S. GOVERNMENT PRINTING OFFICE 80–331 WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 01:17 Aug 15, 2002 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 W:\DISC\80331.XXX txed01 PsN: txed01 COMMITTEE ON WAYS AND MEANS BILL THOMAS, California, Chairman PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York E. CLAY SHAW, JR., Florida FORTNEY PETE STARK, California NANCY L. JOHNSON, Connecticut ROBERT T. MATSUI, California AMO HOUGHTON, New York WILLIAM J. COYNE, Pennsylvania WALLY HERGER, California SANDER M. LEVIN, Michigan JIM MCCRERY, Louisiana BENJAMIN L. CARDIN, Maryland DAVE CAMP, Michigan JIM MCDERMOTT, Washington JIM RAMSTAD, Minnesota GERALD D. KLECZKA, Wisconsin JIM NUSSLE, Iowa JOHN LEWIS, Georgia SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts JENNIFER DUNN, Washington MICHAEL R. MCNULTY, New York MAC COLLINS, Georgia WILLIAM J. JEFFERSON, Louisiana ROB PORTMAN, Ohio JOHN S. TANNER, Tennessee PHIL ENGLISH, Pennsylvania XAVIER BECERRA, California WES WATKINS, Oklahoma KAREN L. THURMAN, Florida J.D. HAYWORTH, Arizona LLOYD DOGGETT, Texas JERRY WELLER, Illinois EARL POMEROY, North Dakota KENNY C.
    [Show full text]
  • ^ 1934 ^ Washington, Wednesday, November 13, 1940
    REGISTER ^ 1934 ^ VOLUME 5 NUMBER 221 * Wa n t e d ^ Washington, Wednesday, November 13, 1940 The President vessels of Egypt and the produce, manu­ CONTENTS factures, or merchandise imported in said vessels into the United States from THE PRESIDENT Egypt—Suspension op T onnage D uties Egypt or from any other foreign coun­ Proclamations: BY THE PRESIDENT OP THE UNITED STATES OF try; the suspension to take effect from Suspension of tonnage duties: Page AMERICA October 3, 1940, and to continue so long Dominican Republic_________ 4442 as the reciprocal exemption of vessels A PROCLAMATION Egypt------------------------------ 4441 belonging to citizens of the United States Guatemala_____________'_____ 4441 WHEREAS section 4228 of the Revised and their cargoes shall be continued, and Haiti------------------------------- 4443 no longer. Statutes of the United States, as Venezuela___________________ 4444 amended by the act of July 24,1897, c. 13, IN TESTIMONY WHEREOF, I have Washington, closed area under 30 Stat. 214 (U.S.C., title 46, sec. 141), hereunto set my hand and caused the the Migratory Bird Treaty provides, in part, as follows: seal of the United States of America to A c t------------------------------ 4443 be affixed. Upon satisfactory proof toeing given to the Executive Orders: President, by the government of any foreign DONE at the City of Washington this nation, that no discriminating duties of 7th day of November in the year of our Arkansas, public land with­ tonnage or imposts are imposed or levied Lord nineteen hundred and drawal in aid of flood con­ in the ports of such nation upon vessels trol ------- 4450 [ seal] forty, and of the Independence wholly belonging to citizens of the United Civil Service Rules, general States, or upon the produce, manufactures, of the United States of America or merchandise imported in the same from the one hundred and sixty-fifth.
    [Show full text]
  • A Historical Examination of the Constitutionality of the Federal Estate Tax
    William & Mary Bill of Rights Journal Volume 27 (2018-2019) Issue 1 Article 5 October 2018 A Historical Examination of the Constitutionality of the Federal Estate Tax Henry Lowenstein Kathryn Kisska-Schulze Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, and the Taxation-Federal Estate and Gift Commons Repository Citation Henry Lowenstein and Kathryn Kisska-Schulze, A Historical Examination of the Constitutionality of the Federal Estate Tax, 27 Wm. & Mary Bill Rts. J. 123 (2018), https://scholarship.law.wm.edu/wmborj/vol27/iss1/5 Copyright c 2018 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj A HISTORICAL EXAMINATION OF THE CONSTITUTIONALITY OF THE FEDERAL ESTATE TAX Henry Lowenstein* and Kathryn Kisska-Schulze** INTRODUCTION During the 2016 presidential campaign debate, Democratic candidate Hillary Clinton vowed to raise the Federal Estate Tax to sixty-five percent,1 while Republican candidate Donald Trump pledged to repeal it as part of his overall tax reform proposal.2 Following his election into the executive seat, President Trump signed into law the Tax Cuts and Jobs Act (TCJA) on December 22, 2017, which encompasses the most comprehensive tax law changes in the United States in decades.3 Although the law does not completely repeal the Estate Tax, it temporarily doubles the estate and gift tax exclusion amounts for estates of decedents dying and gifts made after December 31, 2017, and before January 1, 2026.4 Following candidate Trump’s campaign pledge to repeal the Estate Tax,5 and his subsequent signing of the TCJA into law during his first year of presidency,6 an interesting question resonating from these initiatives is whether the Estate Tax is even constitutional.
    [Show full text]
  • The Taxation of Dividends: Background and Overview
    The Taxation of Dividends: Background and Overview (name redacted) Senior Specialist in Economic Policy (name redacted) Specialist in Public Finance March 10, 2014 Congressional Research Service 7-.... www.crs.gov R43418 The Taxation of Dividends: Background and Overview Summary The tax treatment of dividends has changed numerous times over the past century. Most recently, the American Taxpayer Relief Act (ATRA; P.L. 112-240) increased the tax rate on dividends, from 15% to 20%, for taxpayers in the top income tax bracket. The change was effective for 2013. Also effective in 2013 is the 3.8% tax on net investment income for taxpayers with modified adjusted gross income above certain thresholds ($200,000 for single, $250,000 for married filing jointly). Further increases in the tax rate on dividends may be considered as part of a base-broadening, rate-reducing tax reform. Rough estimates suggest that taxing dividends as ordinary income could raise enough in revenue to offset a 1.3% reduction in individual income tax rates, which would reduce the top marginal rate from 39.6% to roughly 39.1%. If the revenues were instead used to reduce corporate rates, the corporate tax rate could be reduced by roughly 4.6%, from 35% to roughly 33.2%. House Ways and Means Committee Chairman Dave Camp’s tax reform discussion draft, the Tax Reform Act of 2014, proposes that dividends be taxed as ordinary income, but provides an exclusion of 40% for dividend and capital gain income. Before 2003, dividends were taxed as ordinary income. The tax rate on dividends was reduced as part of the Jobs and Growth Tax Reconciliation Act of 2003 (JGTRRA; P.L.
    [Show full text]
  • 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.
    [Show full text]