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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. -
The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future Richard Pomp University of Connecticut School of Law
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law Spring 1993 The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future Richard Pomp University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Taxation-Federal Commons, and the Taxation-State and Local Commons Recommended Citation Pomp, Richard, "The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future" (1993). Faculty Articles and Papers. 121. https://opencommons.uconn.edu/law_papers/121 +(,121/,1( Citation: 22 Cap. U. L. Rev. 373 1993 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Aug 15 17:19:23 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0198-9693 THE DISCLOSURE OF STATE CORPORATE INCOME TAX DATA: TURNING THE CLOCK BACK TO THE FUTURE RICHARD D. POMP* INTRODUCTION .............................................. 374 I. THE DISCLOSURE OF INCOME TAX INFORMATION AT THE FEDERAL LEVEL: AN HISTORICAL PERSPECTIVE .......... 378 A. The Civil War Income Taxes: 1861-1872 ............... 379 B. The 1894 Income Tax ................................ 384 C. The Tariff Act of 1909 ............................... 386 D . 1913-1923 .......................................... 389 E. The 1924 and 1926 Acts ............................... 391 F. The Pink Slip Provisions: 1934-1935 ................ -
The Death of the Income Tax (Or, the Rise of America's Universal Wage
Indiana Law Journal Volume 95 Issue 4 Article 5 Fall 2000 The Death of the Income Tax (or, The Rise of America’s Universal Wage Tax) Edward J. McCaffery University of Southern California;California Institute of Tecnology, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Estates and Trusts Commons, Law and Economics Commons, Taxation-Federal Commons, Taxation-Federal Estate and Gift Commons, Taxation-State and Local Commons, and the Tax Law Commons Recommended Citation McCaffery, Edward J. (2000) "The Death of the Income Tax (or, The Rise of America’s Universal Wage Tax)," Indiana Law Journal: Vol. 95 : Iss. 4 , Article 5. Available at: https://www.repository.law.indiana.edu/ilj/vol95/iss4/5 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. The Death of the Income Tax (or, The Rise of America’s Universal Wage Tax) EDWARD J. MCCAFFERY* I. LOOMINGS When Representative Alexandria Ocasio-Cortez, just weeks into her tenure as America’s youngest member of Congress, floated the idea of a sixty or seventy percent top marginal tax rate on incomes over ten million dollars, she was met with a predictable mixture of shock, scorn, and support.1 Yet there was nothing new in the idea. AOC, as Representative Ocasio-Cortez is popularly known, was making a suggestion with sound historical precedent: the top marginal income tax rate in America had exceeded ninety percent during World War II, and stayed at least as high as seventy percent until Ronald Reagan took office in 1981.2 And there is an even deeper sense in which AOC’s proposal was not as radical as it may have seemed at first. -
Ways and Means Committee's Request for the Former President's
(Slip Opinion) Ways and Means Committee’s Request for the Former President’s Tax Returns and Related Tax Information Pursuant to 26 U.S.C. § 6103(f )(1) Section 6103(f )(1) of title 26, U.S. Code, vests the congressional tax committees with a broad right to receive tax information from the Department of the Treasury. It embod- ies a long-standing judgment of the political branches that the tax committees are uniquely suited to receive such information. The committees, however, cannot compel the Executive Branch to disclose such information without satisfying the constitutional requirement that the information could serve a legitimate legislative purpose. In assessing whether requested information could serve a legitimate legislative purpose, the Executive Branch must give due weight to Congress’s status as a co-equal branch of government. Like courts, therefore, Executive Branch officials must apply a pre- sumption that Legislative Branch officials act in good faith and in furtherance of legit- imate objectives. When one of the congressional tax committees requests tax information pursuant to section 6103(f )(1), and has invoked facially valid reasons for its request, the Executive Branch should conclude that the request lacks a legitimate legislative purpose only in exceptional circumstances. The Chairman of the House Ways and Means Committee has invoked sufficient reasons for requesting the former President’s tax information. Under section 6103(f )(1), Treasury must furnish the information to the Committee. July 30, 2021 MEMORANDUM OPINION FOR THE ACTING GENERAL COUNSEL DEPARTMENT OF THE TREASURY The Internal Revenue Code requires the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) to keep tax returns and related information confidential, 26 U.S.C. -
Federal Income Tax Returns--Confidentiality Vs
Federal Income Tax Returns--Confidentiality vs. Public Disclosure* by Boris I. Bittker* * I. INTRODUCTION This article will examine the relationship between the individual's interest in privacy, reflected in such recent statutes as the Privacy Act of 1974, I and the public's right to know, which underlies legislation like the Freedom of Information Act. 2 The subject is of intrinsic impor tance, but it is particularly appropriate for an article in this lecture se ries, since privacy3 and disclosure4 were values of special interest to Justice Douglas. Neither the individual's right to privacy5 nor the pub lic's right to know6 is explicitly protected by the Constitution, but both do have constitutional overtones, and both are protected by various statutory provisions. Using federal income tax returns as the centerpiece of the discus sion, I propose to show how privacy and disclosure can come into con flict-a possibility that has been insufficiently recognized by the courts and the commentators. The leading treatise on political and civil rights,7 for example, treats the two subjects in separate chapters with virtually no acknowledgement that they are related, let alone that they • Copyright 1981 by Boris I. Bittker. •• Sterling Professor of Law. Yale University. This article is the modified text of a speech delivered at the Fifth Annual William O. Douglas Lecture Series. October 30. 1980. I. Pub. L. No. 93-579, § 3, 88 Stat. 1897 (amended 1975 & 1977) codified at 5 U.S.C § 552a (1976». 2. Pub. L. No. 89-554, 80 Stat. 383 (1966) (amended 1967, 1974, 1976 & 1978) (codified at 5 U.S.C § 552 (1976». -
Sixteenth Amendment
The Sixteenth Amendment 100 Years of the Federal Income Tax “The hardest thing in the world to understand is the income tax.” ~ Albert Einstein Americans have now been grappling with the income tax for 100 years. Since the 16th Amendment was ratified by Congress in 1913, U.S. citizens have been attempting to accurately complete Form 1040. While the annual income tax exercise is fresh in our minds, we thought it would be informative and somewhat gratifying to look back at the process that brought us here, and the tax rates that confronted tax payers on this anniversary in prior years. History of the Sixteenth Amendment Prior to 1913, the main source of revenue for the federal government was tariffs. Tariffs, it was argued, disproportionately affected the poor and were unpredictable. It was felt by many that the solution was a federal income tax. The resolution proposing the Sixteenth Amendment was passed by Congress on July 12, 1909 and ratified in 1913. The Amendment stated “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.” What followed was The Revenue Act of 1913, also called the Tariff Act, since its purpose was to lower basic tariff rates and compensate for lost revenues by imposing a federal income tax. The first tax filing in 1914 The federal income tax started at 1% on personal income of more than $3,000 (over $71,000 in today’s dollars1) for single filers or $4,000 for couples, with a surtax of 6% on incomes over $500,000. -
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. -
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. -
Misc Publications MP-02
TAX FOUNDATION, INC. 50 Rockefeller Plaz a New York, N. Y. August 15, 1940 1 FORMM This conrpilation and bibliography are presented in th e hone that they will contribute to a fuller understanding of a difficult and at times controversial subject . In selecting the materials included an effort was made to obtain a cross section of opinions cnnd points of view . Attention is directed to the bibliograpay of periodical and special materials on war, profit s and excess profits thxation issued from 1916 to 1940. In the light of recent event s, the body of literature developed as P. result of our experience with those forms of taxation during and immodiately after the War of 1914--1919 has assumed anew significance . August 15, 1940 xA FOUIMATION 0 At Page Current Proposals 1 Some Aspects of the Profit-Tax Bill 2 The Excess-Profits Tart 3 Taxation and National Defense 4 Holding Up Defense 5 Excess-Profit Tax Hinges on Business 6 The Revenue Angle 7 The Basis 11or An Excess-Profits Tax 9 The Valuation cf Business Investments 9 Effects of Excess Profits Taxes 1 0 Excess Profits Tax : A Wartime Measure 11 Excess Profits Taxes, 1933 o 1940 1 2 The World War and Postwar Pederal :Taxation 1 3 Wartime Taxes on Profits 14 LIST OF TABLE S National Defense Expenditures, Fiscal Years 1928-1941 15 Taxes, Not Income and Dividends of All Activ e Corporations in the United States 16 Effects of Tax Increases 1 7 Table Showing 7,899 Representative Corporations Classified According to Amount of Invested Capital and R :titio of Net Income to Invested Capital During tho Taxable Year 18 Excess-Profits Taxes of Twelve Coal Companies 19 BIBLIOGRAPHY :Bibliographer on Par Profits and Excoss Profits Taxos 20 1 . -
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). -
The Progressive Movement and the Reforming of the United States of America, from 1890 to 1921
2014 Democratic and Popular Republic of Algeria. Ministry of Higher Education and Scientific Research. University of Oran. Faculty of Letters, Languages, and Arts. Department of English. Research Paper Submitted for a Doctorate Thesis in American Civilisation Entitled: The Progressive Movement and the Reforming of the United States of America, from 1890 to 1921. Presented by: Benketaf, Abdel Hafid. Jury Members Designation University Pr. Bouhadiba, Zoulikha President Oran Pr. Borsali, Fewzi Supervisor Adrar Pr. Bedjaoui, Fouzia Examiner 1 Sidi-Belabes Dr. Moulfi, Leila Examiner 2 Oran Dr. Belmeki, Belkacem Examiner 3 Oran Dr. Afkir, Mohamed Examiner 4 Laghouat Academic Year: 2013-2014. 1 Acknowledgements Acknowledgments are gratefully made for the assistance of numerous friends and acquaintances. The largest debt is to Professor Borsali, Fewzi because his patience, sound advice, and pertinent remarks were of capital importance in the accomplishment of this thesis. I would not close this note of appreciation without alluding to the great aid provided by my wife Fatima Zohra Melki. 2 Dedication To my family, I dedicate this thesis. Pages Contents 3 List of Tables. ........................................................................................................................................................................ vi List of Abbreviations......................................................................................................................................................... vii Introduction. ........................................................................................................................................................................ -
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)..................................