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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 .. -
The Joint Committee on Taxation and Codification of the Tax Laws
The Joint Committee on Taxation and Codification of the Tax Laws George K. Yin Edwin S. Cohen Distinguished Professor of Law and Taxation University of Virginia Former Chief of Staff, Joint Committee on Taxation February 2016 Draft prepared for the United States Capitol Historical Society’s program on The History and Role of the Joint Committee: the Joint Committee and Tax History Comments welcome. THE UNITED STATES CAPITOL HISTORICAL SOCIETY THE JCT@90 WASHINGTON, DC FEBRUARY 25, 2016 The Joint Committee on Taxation and Codification of the Tax Laws George K. Yin* February 11, 2016 preliminary draft [Note to conference attendees and other readers: This paper describes the work of the staff of the Joint Committee on Internal Revenue Taxation (JCT)1 that led to codification of the tax laws in 1939. I hope eventually to incorporate this material into a larger project involving the “early years” of the JCT, roughly the period spanning the committee’s creation in 1926 and the retirement of Colin Stam in 1964. Stam served on the staff for virtually this entire period; he was first hired (on a temporary basis) in 1927 as assistant counsel, became staff counsel in 1929, and then served as Chief of Staff from 1938 until 1964. He is by far the longest‐serving Chief of Staff the committee has ever had. The conclusions in this draft are still preliminary as I have not yet completed my research. I welcome any comments or questions.] Possibly the most significant accomplishment of the JCT and its staff during the committee’s “early years” was the enactment of the Internal Revenue Code of 1939. -
Vol. 6, No. 2: Full Issue
Denver Journal of International Law & Policy Volume 6 Number 2 Spring Article 11 May 2020 Vol. 6, no. 2: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 6 Denv. J. Int'l L. & Pol'y This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 6 1976-1977 Denver Journal OF INTERNATIONAL LAW AND POLICY VOLUME 6 NUMBER 2 SPRING 1977 INTERNATIONAL ASPECTS OF THE TAX REFORM ACT OF 1976 TAXING BoYcorrs AND BRIBES ........................................... G. C . Hufbauer J. G. Taylor 589 The authors examine the tax penalty provisions of the Tax Reform Act of 1976 and the Export Administration Act Amendments of 1977 in relation to U.S. persons who "participate in or cooperate with" international boycotts or bribery. The article discusses the various types of international boycotts and the penalty, computational, and reporting requirements imposed on participants as clarified by the Treasury Guidelines and Revenue Proce- dures. The authors conclude with a discussion of the novelty, complexity, and potential impact of the legislation. TAKING SIDES: AN OVERVIEW OF THE U.S. LEGISLATIVE RESPONSE TO THE ARAB BOYCOTT ............................................ John M . Tate Ralph B. Lake 613 The current legislative scheme in opposition to the Arab boycott is generally directed against the Arab League countries' secondary and tertiary, indirect forms of boycott. -
Taxation Without Liquidation: Rethinking "Ability to Pay"
1-1-2008 Taxation Without Liquidation: Rethinking "Ability to Pay" Sergio Pareja University of New Mexico - School of Law Follow this and additional works at: https://digitalrepository.unm.edu/law_facultyscholarship Part of the Law Commons Recommended Citation Sergio Pareja, Taxation Without Liquidation: Rethinking "Ability to Pay", 2008 Wisconsin Law Review 841 (2008). Available at: https://digitalrepository.unm.edu/law_facultyscholarship/257 This Article is brought to you for free and open access by the UNM School of Law at UNM Digital Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. PAREJA – FINAL 1/28/2009 3:06 PM TAXATION WITHOUT LIQUIDATION: RETHINKING “ABILITY TO PAY” SERGIO PAREJA* This Article proposes a novel way to tax wealth transfers. Specifically, it suggests that we divide all assets transferred by gift or bequest into two classes—illiquid assets and liquid assets. The recipient should include those assets in income but be allowed two options. With respect to illiquid assets, the recipient should be able to avoid immediate income inclusion if he takes the property with an income-tax basis of zero. With respect to liquid assets, the recipient should be allowed a full income-tax deduction if he rolls the gift or bequest into a deductible IRA. The combination of these simple rules would be much more equitable than our current system, and it would prevent people from having to sell illiquid assets to pay taxes. Introduction ........................................................................................... 842 I. Historical Framework ............................................................... -
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. -
Individual Capital Gains Income: Legislative History
Order Code 98-473 Individual Capital Gains Income: Legislative History Updated April 11, 2007 Gregg A. Esenwein Specialist in Public Finance Government and Finance Division Individual Capital Gains Income: Legislative History Summary Since the enactment of the individual income tax in 1913, the appropriate taxation of capital gains income has been a perennial topic of debate in Congress. Almost immediately legislative steps were initiated to change and modify the tax treatment of capital gains and losses. The latest changes in the tax treatment of individual capital gains income occurred in 1998 and 2003. It is highly probable that capital gains taxation will continue to be a topic of legislative interest in the 109th Congress. Capital gains income is often discussed as if it were somehow different from other forms of income. Yet, for purposes of income taxation, it is essentially no different from any other form of income from capital. A capital gain or loss is merely the result of a sale or exchange of a capital asset. An asset sold for a higher price than its acquisition price produces a gain, an asset sold for a lower price than its acquisition price produces a loss. Ideally, a tax consistent with a theoretically correct measure of income would be assessed on real (inflation-adjusted) income when that income accrues to the taxpayer. Conversely, real losses would be deducted as they accrue to the taxpayer. In addition, under an ideal comprehensive income tax, any untaxed real appreciation in the value of capital assets given as gifts or bequests would be subject to tax at the time of transfer. -
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 -
Oil Industry Financial Performance and the Windfall Profits Tax
Oil Industry Financial Performance and the Windfall Profits Tax Updated July 13, 2011 Congressional Research Service https://crsreports.congress.gov RL34689 Oil Industry Financial Performance and the Windfall Profits Tax Summary Over the past 13 years, surging crude oil and petroleum product prices have increased oil and gas industry revenues and generated record profits, particularly for the top five major integrated companies, ExxonMobil, Royal Dutch Shell, BP, Chevron, and ConocoPhillips. These companies, which reported a predominant share of those profits, generated more than $104 billion in profit on nearly $1.8 trillion of revenues in 2008, before declining as a result of the recession and other factors. From 2003 to 2008, revenues increased by 86%; net income (profits) increased by 66%. Oil output by the five major companies over this time period declined by more than 7%, from 9.85 million to 9.12 million barrels per day. In 2010 the companies’ oil production was 9.4 million barrels per day. Being largely price-driven, with no accompanying increase in output resulting from increased investment in exploration and production, some believe that a portion of the increased oil industry income over this period represents a windfall and unearned gain. A windfall income is not earned as a result of additional production effort on the part of the firms, but due primarily to record crude oil prices, which are set in the world oil marketplace. Since the 109th Congress, numerous bills have been introduced seeking to impose a windfall profits tax (WPT) on oil. An excise-tax based WPT would tax only domestic production and, like the one in effect from 1980-1988, would increase marginal oil production costs. -
International Tax Policy for the 21St Century
NFTC1a Volume1_part2Chap1-5.qxd 12/17/01 4:23 PM Page 147 The NFTC Foreign Income Project: International Tax Policy for the 21st Century Part Two Relief of International Double Taxation NFTC1a Volume1_part2Chap1-5.qxd 12/17/01 4:23 PM Page 148 NFTC1a Volume1_part2Chap1-5.qxd 12/17/01 4:23 PM Page 149 Origins of the Foreign Tax Credit Chapter 1 Origins of the Foreign Tax Credit I. Introduction The United States’ current system for taxing international income was creat- ed during the period from 1918 through 1928.1 From the introduction of 149 the income tax (in 1913 for individuals and in 1909 for corporations) until 1918, foreign taxes were deducted in the same way as any other business expense.2 In 1918, the United States enacted the foreign tax credit,3 a unilat- eral step taken fundamentally to redress the unfairness of “double taxation” of foreign-source income. By way of contrast, until the 1940s, the United Kingdom allowed a credit only for foreign taxes paid within the British 1 For further description and analysis of this formative period of U.S. international income tax policy, see Michael J. Graetz & Michael M. O’Hear, The ‘Original Intent’ of U.S. International Taxation, 46 DUKE L.J. 1021, 1026 (1997) [hereinafter “Graetz & O’Hear”]. The material in this chapter is largely taken from this source. 2 The reasoning behind the international tax aspects of the 1913 Act is difficult to discern from the historical sources. One scholar has concluded “it is quite likely that Congress gave little or no thought to the effect of the Revenue Act of 1913 on the foreign income of U.S. -
Simplification of Federal Tax Laws Randolph E
Cornell Law Review Volume 29 Article 5 Issue 3 March 1944 Simplification of Federal Tax Laws Randolph E. Paul Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Randolph E. Paul, Simplification of Federal Tax Laws, 29 Cornell L. Rev. 285 (1944) Available at: http://scholarship.law.cornell.edu/clr/vol29/iss3/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. CORNELL LAW QUARTERLY VOLUME XXIX MARCH, 1944 NUMBER 3 SIMPLIFICATION OF FEDERAL TAX LAWSt RANDOLPH E. PAUL A spirit of humility is not amiss in dealing with the problem of simplifica- tion of our tax laws. The subject is vast.' Many have tried and no one has conquered. The job is interminable. It spreads octopus-like in all directions. One does well to take with him as he starts out on the long journey toward simplification the message given to Everyman, in the old play, by Knowledge, the sister of Good Deeds: "I will go with thee, and be thy guide, In thy most need to go by thy side." Our difficulties with simplification begin with its place in the pattern of taxation. It is not a thing in vacuo. It does not stand alone like a pyramid in the desert. To mix metaphors, it is but one strand of' a thread which is woven into an intricate design. -
Antitrust Laws with Amendments
ANTITRUST LAWS WITH AMENDMENTS 1 8 9 0 — 1 9 5 6 v 1. Sherman A ct 2. C layton A ct 3. F ederal T rade Commission A ct & Admendments 4. E xport T rade A ct 5. B anking C orporations A uthorized to do Foreign Banking Business 6. N ational Industrial R ecovery A ct 7. P rice D iscrimination Compiled By GILMAN G. UDELL, Superintendent D o c u m e n t R o o m , H o u s e o f R epresentatives UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1957 For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Pricc 35 cents Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis CONTENTS Public Law No. 190, approved July 2, 1890 (1st seas. 51st Cong., U. S. Stat. L., vol. 26, p. 209) (Sherman Antitrust Act)____________________ Public Law No. 227, became a law August 27, 1894 (2d sess. 53d Cong., U. S. Stat. L., vol. 28, p. 570) (antitrust amendments to Wilson Tariff Act)______________________________________________________________ Public Law No. 11, approved July 24, 1897 (1st sess. 55th Cong., U. 8. Stat. L., vol. 28, p. 213) (antitrust amendments to Dingley Tara Act). Publio Law No. 82, approved February 11, 1903 (2d sess. 57th Cong^ U. S. Stat. L.f vol. 32, p. 823) (suits in equity)______________________ Public Law No. 87, approved February 14, 1903 (2d sess. 57th Cong., U. S. Stat. L., vol. 32, pp. 827, 828) (extract from the act establishing Department of Commerce)_________________________________________ Publio Resolution No. -
Covid-19 and Us Tax Policy: What Needs to Change?
PUBLIC LAW AND LEGAL THEORY RESEARCH PAPER SERIES PAPER NO. 679 LAW & ECONOMICS RESEARCH PAPER SERIES PAPER NO. 20-015 APRIL 2020 COVID-19 AND US TAX POLICY: WHAT NEEDS TO CHANGE? REUVEN S. AVI-YONAH THE SOCIAL SCIENCE RESEARCH NETWORK ELECTRONIC PAPER COLLECTION: HTTP://SSRN.COM/ABSTRACT=3584330 FOR MORE INFORMATION ABOUT THE PROGRAM IN LAW AND ECONOMICS VISIT: HTTP://WWW.LAW.UMICH.EDU/CENTERSANDPROGRAMS/LAWANDECONOMICS/PAGES/DEFAULT.ASPX Electronic copy available at: https://ssrn.com/abstract=3584330 DRAFT 4/30/20 COVID-19 AND US TAX POLICY: WHAT NEEDS TO CHANGE? Reuven S. Avi-Yonah THe University of MicHigan 1. Introduction THe COVID-19 Pandemic already feels like a Historical turning point akin to Word Wars I and II and the Great Depression. It may signal the end of the second period of globalization (1980-2020) and a cHange in the relative positions of the US and CHina. It could also lead in the US to significant cHanges in tax policy designed to bolster the social safety net wHicH was revealed as very porous during the pandemic. In wHat follows I will first discuss some sHort-term effects of the pandemic and then some potential longer-term effects on US tax policy. 2. Short-Term CHanges THe CARES act, wHicH passed unanimously througH Congress in MarcH, enacted some significant modifications in tax policy. In particular, the CARES act relaxed limits on the use of net operating losses by individuals and corporations, permitting 2020 losses to offset 2015 to 2019 profits.1 It also relaxed the limits on interest deductibility.2 It remains to be seen wHether these cHanges will become permanent.