Annual Report of the Council of Economic Advisers 1989

Total Page:16

File Type:pdf, Size:1020Kb

Annual Report of the Council of Economic Advisers 1989 THE ANNUAL REPORT OF THE COUNCIL OF ECONOMIC ADVISERS Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis LETTER OF TRANSMITTAL COUNCIL OF ECONOMIC ADVISERS, Washington, D. C, January 6, 1989. MR. PRESIDENT: The Council of Economic Advisers herewith submits its 1989 Annual Report in accordance with the provisions of the Employment Act of 1946 as amended by the Full Employment and Balanced Growth Act of 1978. Sincerely, Beryl W. Sprinkel Chairman Thomas Gale Moore Member 15 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis CONTENTS Page CHAPTER 1. FREE MARKETS, STABILITY, AND ECONOMIC GROWTH. 23 The Pre-war Years 26 The Early Postwar Period: The United States Takes the Lead in Trade, Stability, and Growth 30 Sources of Economic Growth: 1948-73 30 Social Performance 36 The Seventies: Instability, Inflation, and Stagnation 38 Destabilizing Macroeconomic Policies 39 The Productivity Slowdown 43 Social Performance 52 The Eighties: Lower Inflation, Improved Incentives, and Improved Performance 55 Sources of the Improvement in Output, Inflation, and Productivity Performance 58 Social Performance 70 Conclusion 72 CHAPTER 2. FISCAL POLICY AND ECONOMIC EXPANSION 73 The Evolution of Fiscal Policy in the Postwar Era 75 The Growth of Government Expenditures and Revenues... 78 The Structure of Government Spending 80 The Long-run View of Fiscal Policy 85 Tax Policy and Its Impact on the Economy in the 1980s .... 86 Reduction in Typical Family Tax Burdens 89 Tax Reform and Capital Formation 90 U.S. Tax Structure and the Need for Stable Tax Rates 94 Controlling Federal Outlays and the Federal Budget Defi- cit 95 The Federal Debt and Deficit in Perspective 96 Social Security Trust Funds' Buildup and the Budget Deficit 98 Institutional Change to Control Federal Outlays to Reduce the Deficit 101 Conclusion 103 CHAPTER 3. GROWTH AND EVOLUTION OF INTERNATIONAL CAP- ITAL MARKETS 105 The Behavior of Exchange Rates 107 Digitized for FRASER 17 http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Page The Purchasing Power of the Dollar 108 Pegged and Flexible Exchange Rates: Recent Histori- cal Experiences 113 The Dollar and Competitiveness 118 International Policy Coordination Under Flexible Ex- change Rates 121 Exports, Imports, and Trade Balances 123 Measures and Meanings of External Balances 124 The Current Account Balance: Recent Historical Ex- periences 127 The Changing U.S. Net Asset Position 129 The Debt of Developing Nations 137 Conclusion 145 CHAPTER 4. WORLD TRADE AND ECONOMIC GROWTH 147 Economic Growth and Trade in the Postwar World 148 Tariff Liberalization in the Postwar Period 150 U.S. Postwar Objectives . 152 Tariff Reductions in a Multilateral Framework: GATT 153 The Tradeoffs in U.S. Trade Legislation—Tariff Re- ductions Versus Creeping Protectionism 159 The Spread of Trade-Distorting Measures 161 Sources of Increased Protectionist Sentiment 165 Political Economy of Protectionism 167 The Special Threat of Nontariff Measures 169 Textiles and Agriculture—Case Studies in Protection.. 171 Free and Fair Trade 175 Section 301 in Practice 176 Recent Modifications in the Law 178 Agenda for the Future 179 "EC 1992"—The Single Internal Market in Europe 181 Uruguay Round Negotiations 182 CHAPTER 5. RETHINKING REGULATION 187 Regulation: An Overview 190 Rationales and Motivations for Regulation 191 Trends in Regulation 193 The Effects of Regulation 193 The Movement Toward Deregulation 195 The Introduction of Executive Regulatory Oversight 196 Economic Regulation: Extending the Boundaries of Com- petition 198 Price and Entry Regulation 198 Rethinking the Limits of Natural Monopoly 204 Privatization 212 Rethinking Social Regulation 214 Digitized for FRASER 18 http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis The Expanded Use of Market Incentives 215 The Impact of Social Regulation on Innovation 217 Lessons and Challenges 220 CHAPTER 6. SCIENCE, TECHNOLOGY, AND THE U.S. ECONOMY 223 Overview 224 International Comparisons 225 Science and Technology Inputs 225 Science and Technology Outputs 229 Industrial Innovation in the United States and Japan... 231 Government Research Policy in the United States and Japan 232 High-Technology Products and U.S. Trade 234 Characteristics of the High-Technology Sector 235 U.S. Trade in High-Technology Products 235 Policy Issues of the 1980s and Beyond 238 Incentives for Private Industry 239 Federal Funds for Research and Development 241 Federal Technology Transfer 244 Federal Support for Industry 247 Potential Policy Problems 250 Conclusion 253 CHAPTER 7. THE U.S. ECONOMY IN THE 1980s AND BEYOND ........ 255 The Lowering of Inflation in 1981 and 1982 256 The Expansion in Perspective 258 Growth in Real Output 259 Saving and Investment 260 Employment and Unemployment 265 Inflation and Productivity Growth 267 Monetary Policy 269 The Economy in 1988 270 The Impact of the Stock Market Crash 271 Sources of Demand 274 Prices, Wages, and Employment 276 The Impact of the Drought 278 Macroeconomic Policies 279 The Economic Outlook..... 280 Projections for 1990-94 283 Determinants of Growth 1989-94 285 The Legacy of this Administration 288 APPENDIXES A. Report to the President on the Activities of the Council of Economic Advisers During 1988 291 B. Statistical Tables Relating to Income, Employment, and Production 301 Digitized for FRASER 19 http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis List of Tables and Charts Tables 1-1. Growth Rates in Real GNP/GDP, Selected Periods, 1900-88 27 1-2. Real Capital Stock per Worker and GDP per Capita Rel- ative to the United States, Selected Years, 1913-87 31 1-3. Growth in Value Added per Hour Paid, 1948-87 67 2-1. Income Tax Reductions: Current Law Versus 1980 Law, Median Income One-Earner and Two-Earner Families of Four 89 2-2. Growth of Real Gross Domestic Investment in the Seven Summit Countries, 1965-86 ,.... 90 2-3. Estimated Average Effective Tax Rate on Investment 93 2-4. Deficit Targets Under the Gramm-Rudman-Hollings Act, 1990-93 95 2-5. Unified Budget Impact of Projected OASDI and HI Sur- pluses (Excluding Interest), Selected Years, 1988- 2065 100 3-1. The Dollar and Import Prices Since 1980 119 3-2. Currency Denomination of International Bond Issues, 1983-88 , 136 4-1. Output and Export Growth, 1870-1987 150 4-2. Tokyo Round Tariff Cuts by Stage of Processing, Se- lected Countries 156 4-3. Tokyo Round Tariff Cuts by Industry for United States, European Community, and Japan 157 4-4. Growth of Subsidies in Selected OECD Countries, 1960-86 162 4-5. Industrial Country Imports Subject to "Hard-Core" Nontariff Measures, 1981 and 1986 164 5-1. Deregulatory Initiatives, 1971-88 '. 196 7-1. Comparison of Current and Past Expansions 261 7-2. Economic Outlook for 1989 281 7-3. Administration Economic Assumptions, 1988-94 284 7-4. Accounting for Growth in Real GNP, 1948-94 286 Charts 1-1. Change in Unemployment Rates in the Seven Summit Countries '. 26 1-2. Real Family Income Relative to 1948 Levels 37 1-3. Poverty Rate, All Persons 39 1-4. Unemployment Rate and Inflation Rate at Business Cycle Peaks, and Current Rates 40 1-5. Alternative Rates of Return on Capital Investment 47 20 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Charts 1-6. Output per Hour and Capital Stock per Worker, Manu- facturing and Nonmanufacturing 50 1-7. Actual and "Predicted" Proportion of Families with Income Below $10,000 in 1987 Dollars 54 1-8. Composition of Families in Poverty 55 1-9. Gross and Net Investment Shares of GNP 62 1-10. Real GDP per Employed Person in the Seven Summit Countries, 1987.. 70 2-1. All Government and Federal Expenditures as Percent of GNP 78 2-2. Federal Receipts and Expenditures as Percent of GNP ... 80 2-3. Federal Investment Outlays as Percent of GNP 82 2-4. Federal Expenditures by Type 83 2-5. Debt and Deficit in the Seven Summit Countries in 1987 97 3-1. Nominal and Real Exchange Rate 109 3-2. Exchange Rates and Relative Prices 111 3-3. Net Exports and the Current Account Balance 126 3-4. U.S. Net Asset Position Abroad as Percent of Net Wealth 131 3-5. Asset Earnings Flows 134 3-6. Foreign Direct Investment Position in the United States. 135 4-1. U.S. Tariff Rates, 1860-1987 151 5-1. Real Federal Outlays for Regulatory Activities 195 5-2. Bank and Thrift Failures 201 6-1. The National R&D Effort 226 6-2. National R&D Expenditures, Selected OECD Countries . 227 6-3. Federal and Private Funding of Research and Develop- ment 242 6-4. Federal Obligations for Research and Development by Major Agency 243 7-1. Actual and Target M2 Growth 257 7-2. Gross Saving and Investment as Percent of GNP 262 7-3. Expansion Duration and Inflation Change 268 7-4. Hourly Compensation and Prices 277 21 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis CHAPTER 1 r'ree Markets, Stability, and Economic Growth THE FOUR DECADES SINCE WORLD WAR II stand out as a period of remarkable growth for the developed market economies. More people in more countries increased their standard of living than in any other era. Real gross national product (GNP) per capita in each of the major industrialized nations has grown significantly faster since 1948 than before World War II. This success is based in part on reliance by the United States and the other nations on pri- vate incentives and free markets, with governments attempting to provide both a stable macroeconomic framework and a stable world political environment.
Recommended publications
  • BEYOND PUBLIC CHOICE and PUBLIC INTEREST: a STUDY of the LEGISLATIVE PROCESS AS ILLUSTRATED by TAX LEGISLATION in the 1980S
    University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 NOVEMBER 1990 No. 1 ARTICLES BEYOND PUBLIC CHOICE AND PUBLIC INTEREST: A STUDY OF THE LEGISLATIVE PROCESS AS ILLUSTRATED BY TAX LEGISLATION IN THE 1980s DANIEL SHAVIRO" TABLE OF CONTENTS I. INTRODUCTION ................................. 3 II. HISTORICAL OVERVIEW OF CYCLICAL TAX LEGISLATION ... 11 A. Legislation From the Beginning of the Income Tax Through the 1970s: The Evolution of Tax Instrumentalism and Tax Reform ..................................... 11 t Assistant Professor, University of Chicago Law School. The author was a Legislation Attorney with theJoint Committee of Taxation during the enactment of the 1986 tax bill discussed in this Article. He is grateful to Walter Blum, Richard Posner, Cass Sunstein, and the participants in a Harvard Law School seminar on Current Research in Taxation, held in Chatham, Massachusetts on August 23-26, 1990, for helpful comments on earlier drafts, to Joanne Fay and Michael Bonarti for research assistance, and to the WalterJ. Blum Faculty Research Fund and the Kirkland & Ellis Faculty Fund for financial support. 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 139: 1 B. The 1981 Act and Its Aftermath ................... 19 C. The 1986 Act ............................... 23 D. Aftermath of the 198.6 Act ......................... 29 E. Summary .................................. 30 III. THE PUBLIC INTEREST THEORY OF LEGISLATION ........ 31 A. The Various Strands of Public Interest Theory .......... 31 1. Public Interest Theory in Economics ............ 31 2. The Pluralist School in Political Science .......... 33 3. Ideological Views of the Public Interest .......... 35 B. Criticisms of PublicInterest Theory .................. 36 1. (Largely Theoretical) Criticisms by Economists ... 36 a. When Everyone "Wins," Everyone May Lose ..
    [Show full text]
  • Administration's Fiscal Year 2014 Revenue Proposals
    General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals Department of the Treasury April 2013 General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals Department of the Treasury April 2013 This document is available online at: http://www.treasury.gov/resource-center/tax-policy/Documents/General-Explanations-FY2014.pdf TABLE OF CONTENTS ADJUSTMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT (BBEDCA) BASELINE .......................................... 1 Permanently Extend Increased Refundability of the Child Tax Credit ............................... 2 Permanently Extend Earned Income Tax Credit (EITC) for Larger Families and Married Couples ................................................................................................................... 4 Permanently Extend the American Opportunity Tax Credit (AOTC) ................................. 6 RESERVE FOR REVENUE-NEUTRAL BUSINESS TAX REFORM ............. 9 INCENTIVES FOR MANUFACTURING, RESEARCH, CLEAN ENERGY, AND INSOURCING AND CREATING JOBS ............................................................................. 10 Provide Tax Incentives for Locating Jobs and Business Activity in the United States and Remove Tax Deductions for Shipping Jobs Overseas ........................................... 10 Provide New Manufacturing Communities Tax Credit .................................................... 12 Enhance and Make Permanent the Research and Experimentation (R&E) Tax Credit ... 13 Extend Certain Employment Tax
    [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]
  • United States Tax Treaty Policy: an Overview H
    University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 1981 United States Tax Treaty Policy: An Overview H. David Rosenbloom Stanley Langbein University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Taxation-Transnational Commons, and the Tax Law Commons Recommended Citation H. David Rosenbloom and Stanley Langbein, United States Tax Treaty Policy: An Overview, 19 Colum. J. Transnat'l L. 359 (1981). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. United States Tax Treaty Policy: An Overview* H. DAVID ROSENBLOOMt AND STANLEY I. LANGBEINt EDITOR'S NoTE: The following is a slightly revised transcriptof an April 29, 1980 statement by the then-International Tax Counsel of the Department of the Treasury before the Subcommittee on Oversight of the House Ways and Means Committee. Except for some minor stylistic changes and non-substantive abridgements, it conforms to the Department of the Treasury News release of April 29, 1980, which originally reported the testimony. In the view of the Journal, the discussion of tax treaty policy and provi- sions appearing in the statement - which has not received wide dissemination - merits its inclusion in this InternationalTax Is- sue. Permission to reprint the statements was secured from the authors.
    [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]
  • The Revenue Act of 1951: Its Impact on Individual Income Taxes John C
    University of Minnesota Law School Scholarship Repository Minnesota Law Review 1952 The Revenue Act of 1951: Its Impact on Individual Income Taxes John C. O'Byrne Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation O'Byrne, John C., "The Revenue Act of 1951: Its Impact on Individual Income Taxes" (1952). Minnesota Law Review. 1632. https://scholarship.law.umn.edu/mlr/1632 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]. THE REVENUE ACT OF 1951: ITS IMPACT ON INDIVIDUAL INCOME TAXES JOHN C. O'BYRNE* T HE Revenue Act of 1951 is a phantasmagoria of taxes, sections, ideas, philosophies, benefits and loopholes. Well over a hundred different tax matters are touched specifically; the indirect results are incalculable. Income, excess profits, estate, gift and excise taxes -all received the attention of Congress in greater or lesser measure, plus a few nonclassifiable items charged to miscellaneous. The scope of the Act is appalling. Many of its provisions received wide publicity, inter alia the rate increase,' the removal of the tax free aspect of the President's expense account,2 the tax on bookies and wagers,3 the lowered admission taxes on cut-price ladies' day tickets, 4 the "television formula,"5 sale of a residence, 6 and capital gains on livestock.7 Other provisions raised little hue and cry, few huzzabs, yet in limited areas they are of immense importance to particular taxpayers.
    [Show full text]
  • Reactions of High-Income Taxpayers to Major Tax Legislation
    National Tax Journal, December 2016, 69 (4), 935–964 https://doi.org/10.17310/ntj.2016.4.10 REACTIONS OF HIGH-INCOME TAXPAYERS TO MAJOR TAX LEGISLATION Gerald Auten, David Splinter, and Susan Nelson This paper examines how high-income taxpayers reacted to major tax legislation that affected incentives for realizations of capital gains, the form of compensation, type of investments, and the choice of organizational form for businesses. The Tax Reform Act of 1969, the Tax Reform Act of 1986, the Omnibus Budget Reconcili- ation Act of 1993, and the American Taxpayer Relief Act of 2012 are considered. The paper summarizes prior research and provides new evidence of short-term and longer-term responses of high-income taxpayers. The analysis uses individual and business tax return information to examine some of the most salient features of each of these laws. Examining the responses to prior reforms can inform discussion of the effects of future tax reform proposals. Keywords: tax reform, tax avoidance, income shifting JEL Codes: H24, H25, H26 I. INTRODUCTION ver the last 50 years, several landmark tax laws targeted high-income taxpayers in Oways that affected incentives for earning and realizing income. Some of these laws raised tax rates for high-income taxpayers while others reduced them. Some broadened the tax base by repealing tax expenditures or loopholes that fostered tax avoidance, while others narrowed it by creating new or more generous deductions and exclusions. Top tax rates on ordinary income changed significantly seven times over this 50-year period (Figure 1). Top tax rates on long-term capital gains changed even more often.
    [Show full text]
  • Tax Policy and the Obligation to Support Children
    Tax Policy and the Obligation to Support Children ALLAN J. SAMANSKY* This Article explores how the tax liability of parents should be affected by the obligation to support their children.' Children are certainly an economic burden; family resources that otherwise could be used to purchase goods satisfying the parents' needs must be used for support of the children. But, of course, children are much more than a burden. Parents hope and expect that their children will be a source of happiness and fulfillment. They want their values to be transmitted to their children, and perhaps their yearning for immortality can be realized, in part, through their children. Because children have a profound and multifaceted impact on their parents, issues involving tax consequences of children are complex and controversial. The Article first reviews the personal exemption, head of household status, and the earned income credit, which are provisions in current law granting tax benefits with respect to children. 2 The discussion illustrates that the tax benefits depend on the parents' marital status, income, and number of children and that the allocation of these benefits is frequently anomalous. In the second section the Article critically discusses the various approaches that have been suggested * Professor of Law, The Ohio State University College of Law. I am grateful for the comments of Professors Anne Alstott, James Brudney, Donna Byrne, Edward Foley and Robert Keller on an earlier draft of this Article and for the research assistance of Jacqueline Kirian and Jeffrey Wilson. A draft of this Article was presented at the Lewis and Clark Law School Forum on Taxation and the Family, and the participants also made many helpful comments.
    [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]
  • 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.
    [Show full text]
  • Webb-Pomerene Vs. Foreign Economic Policy Generations Before Mitchell Effectively Forestalled the Enterprising Mr
    1951] NOTES Webb-Pomerene vs. Foreign Economic Policy Generations before Mitchell effectively forestalled the enterprising Mr. Reynolds,' Anglo-Saxon common law had assumed free competition as the presumptive economic ideal.2 Although the first inducement to such a position was political jealousy of royal prerogatives, natural philosophers were not long in adducing economic principles to justify this policy scien- tifically and to shape it for use in the courts.4 Under pure competition each individual would be free to utilize his resources and energies to the pro- duction of anything he pleased and would be able to trade his production for whatever he wished.5 Restraints on competition would narrow the choice of the individual as a producer and deprive him of the benefits of the lowest possible prices as a consumer. Competition restraints would transfer control of resource allocation from the individual, and of prices from the totality of individuals to the hands of monopoly management. This policy, however, found legal expression in a negative manner only. The courts in England and later in America merely refused to enforce restrictive agreements. In 1890 the Congress of the United States, awed at the prodigious fortunes monopoly profits had amassed and mindful of the economic in- equalities that perpetuated them, decided to give a positive federal remedy at the suit of those harmed by restrictive trade practices or at the suit or on the indictment of the Federal Government itself. The product of this de- cision was the Sherman Act, which rendered combinations, contracts or conspiracies in restraint of trade illegal and which made monopolization or the attempt to monopolize a misdemeanor.6 It was felt, however, that as far as export sales went, enforcement of the Sherman Act resulted in a gratuitous bounty to citizens of other nations in the form of depressed prices as a result of competition.
    [Show full text]
  • Family, Income-Sharing, and the Joint Income Tax Return Marjorie E
    Hastings Law Journal Volume 45 | Issue 1 Article 3 1-1993 Love, Money, and the IRS: Family, Income-Sharing, and the Joint Income Tax Return Marjorie E. Kornhauser Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Marjorie E. Kornhauser, Love, Money, and the IRS: Family, Income-Sharing, and the Joint Income Tax Return, 45 Hastings L.J. 63 (1993). Available at: https://repository.uchastings.edu/hastings_law_journal/vol45/iss1/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Love, Money, and the IRSt: Family, Income-Sharing, and the Joint Income Tax Return by MAljom E. KORNHAusER* True love must single-hearted be- Chorus: Exactly so! From every selfish fancy free- Chorus: Exactly so! It follows then, a maiden who, Devotes herself to loving you Is prompted by no selfish view Chorus: Exactly so!1 Introduction The songs tell us that when two people are in love, their souls unite; their two hearts beat as one. The tax code also tells us that their two tax liabilities can be as one, united in a joint tax return-but only if they are not simply in love, but are also married. While tax theorists have debated the appropriateness of the joint return, they have not examined the premise behind the joint return: that married people- and only married people-share not only their hopes and dreams, but also their money.
    [Show full text]