Marriage Pluralism: Taxing Marriage After Windsor
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Economics During the Lincoln Administration
4-15 Economics 1 of 4 A Living Resource Guide to Lincoln's Life and Legacy ECONOMICS DURING THE LINCOLN ADMINISTRATION War Debt . Increased by about $2 million per day by 1862 . Secretary of the Treasury Chase originally sought to finance the war exclusively by borrowing money. The high costs forced him to include taxes in that plan as well. Loans covered about 65% of the war debt. With the help of Jay Cooke, a Philadelphia banker, Chase developed a war bond system that raised $3 billion and saw a quarter of middle class Northerners buying war bonds, setting the precedent that would be followed especially in World War II to finance the war. Morrill Tariff Act (1861) . Proposed by Senator Justin S. Morrill of Vermont to block imported goods . Supported by manufacturers, labor, and some commercial farmers . Brought in about $75 million per year (without the Confederate states, this was little more than had been brought in the 1850s) Revenue Act of 1861 . Restored certain excise tax . Levied a 3% tax on personal incomes higher than $800 per year . Income tax first collected in 1862 . First income tax in U. S. history The Legal Tender Act (1862) . Issued $150 million in treasury notes that came to be called greenbacks . Required that these greenbacks be accepted as legal tender for all debts, public and private (except for interest payments on federal bonds and customs duties) . Investors could buy bonds with greenbacks but acquire gold as interest United States Note (Greenback). EarthLink.net. 18 July 2008 <http://home.earthlink.net/~icepick119/page11.html> Revenue Act of 1862 Office of Curriculum & Instruction/Indiana Department of Education 09/08 This document may be duplicated and distributed as needed. -
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. -
Taxes, Investment, and Capital Structure: a Study of U.S
Taxes, Investment, and Capital Structure: A Study of U.S. Firms in the Early 1900s Leonce Bargeron, David Denis, and Kenneth Lehn◊ August 2014 Abstract We analyze capital structure decisions of U.S. firms during 1905-1924, a period characterized by two relevant shocks: (i) the introduction of corporate and individual taxes, and (ii) the onset of World War I, which resulted in large, transitory increases in investment outlays by U.S. firms. Although we find little evidence that shocks to corporate and individual taxes have a meaningful influence on observed leverage ratios, we find strong evidence that changes in leverage are positively related to investment outlays and negatively related to operating cash flows. Moreover, the transitory investments made by firms during World War I are associated with transitory increases in debt, especially by firms with relatively low earnings. Our findings do not support models that emphasize taxes as a first-order determinant of leverage choices, but do provide support for models that link the dynamics of leverage with dynamics of investment opportunities. ◊ Leonce Bargeron is at the Gatton College of Business & Economics, University of Kentucky. David Denis, and Kenneth Lehn are at the Katz Graduate School of Business, University of Pittsburgh. We thank Steven Bank, Alex Butler, Harry DeAngelo, Philipp Immenkotter, Ambrus Kecskes, Michael Roberts, Jason Sturgess, Mark Walker, Toni Whited and seminar participants at the 2014 SFS Finance Cavalcade, the University of Alabama, University of Alberta, University of Arizona, Duquesne University, University of Kentucky, University of Pittsburgh, University of Tennessee, and York University for helpful comments. We also thank Peter Baschnegal, Arup Ganguly, and Tian Qiu for excellent research assistance. -
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 -
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. -
Did Constitutions Matter During the American Civil War?
DID CONSTITUTIONS MATTER DURING THE AMERICAN CIVIL WAR? SUKRIT SABHLOK Monash University, Australia Abstract: The question of why the Confederate States of America lost the American Civil War has been extensively discussed, with scholars such as Frank Owsley and David Donald arguing that constitutional text and philosophy – and a preference for local over central government action – constrained the CSA’s options and therefore prospects for victory. While Owsley and Donald’s portrayal of a government hindered by constitutional fidelity has been countered by Richard Beringer, Herman Hattaway and William Still, who have pointed out that the Confederate government grew in size and scope during the war in spite of apparent legal restrictions, there has been limited examination of the factual basis underlying the thesis that constitutions functioned as a restraint. This paper addresses the US Constitution and the Confederate Constitutions (provisional and final) with special attention to how certain provisions and interpretive actions may have constrained the central government in the realm of economic policy. I find that both documents were not clearly relevant due to being inconsistently obeyed. The Confederacy disregarded provisions relating to fiscal, monetary and trade policy, even though it is likely that adhering to its Constitution in these areas could have strengthened its position and allowed it to supply its armies more adequately. It is likely that non-constitutional discretionary factors primarily account for the Confederacy’s defeat. I INTRODUCTION Now, our Constitution is new; it has gone through no perils to test and try its strength and capacity for the work it was intended to perform. -
Moderating Effects of Institutional Logics On
MODERATING EFFECTS OF INSTITUTIONAL LOGICS ON STRATEGIC RESPONSE TO COERCIVE INSTITUTIONAL CHANGE by LEON PAUL WEEKS Presented to the Faculty of the Graduate School of The University of Texas at Arlington in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY THE UNVERSITY OF TEXAS AT ARLINGTON December 2015 Copyright © by Leon Weeks 2015 All Rights Reserved ii Acknowledgements First, I thank God for giving humanity the desire to pursue and share new knowledge. I thank Him for providing me the opportunity, resources and support to participate in the collaborative learning environment that the Management Department of the University of Texas at Arlington provides. To the UTA faculty and the members of my dissertation committee, Dr. Mary Whiteside and Dr. Jeffrey McGee and my co-chairs Dr. Susanna Khavul and Dr. Abdul Rasheed, I treasure your instruction, mentoring, patience and friendship. To my cohort, thank you all for an unforgettable learning experience. I especially thank Tae Yang and Alankrita Pandy for shared experiences, shared knowledge and friendship. I owe a debt to the Administration of Southern Adventist University and the members of the School of Business for the support and sacrifice that gave me this opportunity. Lastly, to my Dad, I wish you were able to see this project finished, to my Mom, my sisters and brother I thank you for your encouragement and support. To my wife Debbie, son and daughter-in-law Jeremiah and Jill, daughter and son-in-law Sally and Darren, and daughter Rose, no one could ask for more. Your sacrifice and unwavering encouragement was beyond belief – to say thanks is not enough. -
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. -
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. -
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. -
Building a Better Mousetrap: Patenting
GIVE LINCOLN CREDIT: HOW PAYING FOR THE CIVIL WAR TRANSFORMED THE UNITED STATES FINANCIAL SYSTEM Jenny Wahl* INTRODUCTION .............................................................................701 I. THE FINANCIAL SYSTEM LINCOLN INHERITED AND WHAT HE THOUGHT ABOUT IT ......................................................701 A. Lincoln’s Views of the Shortcomings of the Independent Treasury .................................................702 B. Fractional-Reserve Banks: Benefits and Costs ............. 705 C. Lincoln’s Desires for Development, Sound Currency, and Functional Credit .................................................705 II. PAYING FOR THE WAR .............................................................707 A. Initial Conditions .........................................................708 B. Lincoln’s Options ..........................................................709 1. Taxes and Debt .......................................................709 2. Money Creation ......................................................711 C. Lincoln’s Choices ..........................................................713 1. Taxes: Too Little, Too Late .....................................713 2. Debt: A Strain on the Financial System ................ 714 3. Solution: Greenbacks Plus a New Regime for Money and Banking ...............................................717 D. How Influential Was Lincoln in Financial Matters? ... 719 1. Lincoln Leads Chase ..............................................719 2. Lincoln Guides Congress ........................................721 -
The First National Income Tax, 1861–1872
THE FIRST NATIONAL INCOME TAX 1 The First National Income Tax, 1861–1872 SHELDON D. POLLACK* ABSTRACT During the first months of the American Civil War, an important political debate played out in the U.S. Congress over how to restructure the nation’s system of public finance and taxation. The fiscal crisis occasioned by the mili- tary conflict forced Republican leaders (who dominated our national political institutions) to adopt drastic and controversial measures including the expan- sion of public borrowing, the issuance of a national paper currency (so-called Greenbacks), and the adoption of a national income tax. To be sure, there was widespread resistance within the Republican Party to all of these proposals— most particularly, the income tax. Unsurprisingly, conservative Republicans from the Northeast adamantly opposed the impost. Despite this opposition, a majority of Republicans eventually acquiesced to this “odious” tax based on the need to fund the Union war effort. A number of key Republican leaders in Congress preferred this impost over the alternatives (in particular, a national land tax), casting their arguments in favor of the income tax in terms of “equity,” “justice,” and “fairness.” Based on their support, Congress approved a national income tax, signed into law by President Lincoln on August 5, 1861. While the war effort was largely funded by public borrow- ing and increases to tariff rates, the income tax made a modest contribution to financing the Northern military campaign and emerged as an important component in the reconstituted wartime fiscal system. Although the impost was allowed to expire soon after the resolution of the military conflict, the Civil War income tax served as the model for the modern income tax enacted by Congress more than 40 years later.