Paul L. Caron
Dean
Pepperdine Caruso
School of Law
New Cases
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Lesson From The Tax Court: The Shrinking §469 Exception For Active Participation
Section 469 generally denies taxpayers the ability to use net losses from passive activities to offset income from active activities. Renting real property is a passive activity. But there are some exceptions when it comes to renting real estate. Two are relevant for today’s lesson. First, taxpayers who are real estate professionals can deduct such
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More Evidence That ‘Direct Taxes’ Include Levies On Wealth And Income
Rob Natelson (Montana; Google Scholar), More Evidence That "Direct Taxes" Include Levies on Wealth and Income: My July 12 entry provided links to Founding-era sources showing that the Constitution's category of "direct taxes" included levies on all kinds of wealth and on business profits and income. Direct taxes were not, as often claimed, limited to capitations
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More Evidence That ‘Direct Taxes’ Include Levies On Wealth And Income
Rob Natelson (Montana; Google Scholar), More Evidence That "Direct Taxes" Include Levies on Wealth and Income: My July 12 entry provided links to Founding-era sources showing that the Constitution's category of "direct taxes" included levies on all kinds of wealth and on business profits and income. Direct taxes were not, as often claimed, limited to capitations
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Clarifying The Uncertainty Over Direct And Indirect Taxes In Moore v. United States
Rob Natelson (Montana; Google Scholar), Clarifying the Uncertainty over Direct and Indirect Taxes in Moore v. United States: The Supreme Court's June 20 decision in Moore v. United States continues the long-standing controversy over the Constitution's distinction between "direct" and "indirect" taxes. Writing for the Court, Justice Brett Kavanagh stated that "Generally speaking, direct taxes are those taxes imposed
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Clarifying The Uncertainty Over Direct And Indirect Taxes In Moore v. United States
Rob Natelson (Montana; Google Scholar), Clarifying the Uncertainty over Direct and Indirect Taxes in Moore v. United States: The Supreme Court's June 20 decision in Moore v. United States continues the long-standing controversy over the Constitution's distinction between "direct" and "indirect" taxes. Writing for the Court, Justice Brett Kavanagh stated that "Generally speaking, direct taxes are those taxes imposed
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Kysar: Moore v. United States—The Stakes Of Constitutionalizing The Tax Law
TaxProf Blog Op-Ed: Moore v. United States—The Stakes of Constitutionalizing the Tax Law, by Rebecca Kysar (Fordham; Google Scholar): Since the ratification of the Sixteenth Amendment in 1913, the Court has generally left Congress to its own devices when it comes to tax law. [1] Indeed, a leading federal income tax casebook has observed that,
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Kysar: Moore v. United States—The Stakes Of Constitutionalizing The Tax Law
TaxProf Blog Op-Ed: Moore v. United States—The Stakes of Constitutionalizing the Tax Law, by Rebecca Kysar (Fordham; Google Scholar): Since the ratification of the Sixteenth Amendment in 1913, the Court has generally left Congress to its own devices when it comes to tax law. [1] Indeed, a leading federal income tax casebook has observed that,
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Lesson From The Tax Court: Finding Safe Harbors From The §72(t) Early Distribution Penalty
Congress wants taxpayers to save for retirement. To encourage such savings, Congress authorizes a smorgasbord of tax-advantaged retirement plans that taxpayers can use. Authority for such plans are scattered in different statutes, such as §401, §403, and §408. Again, the purpose of these provisions is to allow taxpayers to save for retirement. Congress give other
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Lesson From The Tax Court: Finding Safe Harbors From The §72(t) Early Distribution Penalty
Congress wants taxpayers to save for retirement. To encourage such savings, Congress authorizes a smorgasbord of tax-advantaged retirement plans that taxpayers can use. Authority for such plans are scattered in different statutes, such as §401, §403, and §408. Again, the purpose of these provisions is to allow taxpayers to save for retirement. Congress give other
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Zhang: Moore And The Judicial Role In Tax Law
TaxProf Blog Op-Ed: Moore, and the Judicial Role in Tax Law, by Alex Zhang (Emory; Google Scholar): Most tax scholars breathed a sigh of relief last Thursday. The Supreme Court, in a 5-2-2 split, upheld the mandatory repatriation tax on narrow grounds. Others have commented on the doctrinal implications of the case. I will focus here on
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Zhang: Moore And The Judicial Role In Tax Law
TaxProf Blog Op-Ed: Moore, and the Judicial Role in Tax Law, by Alex Zhang (Emory; Google Scholar): Most tax scholars breathed a sigh of relief last Thursday. The Supreme Court, in a 5-2-2 split, upheld the mandatory repatriation tax on narrow grounds. Others have commented on the doctrinal implications of the case. I will focus here on
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Graetz: Moore v. United States—Winning The Battle But The War Goes On
TaxProf Blog Op-Ed: Moore v. United States—Winning the Battle but the War Goes On, by Michael Graetz (Columbia) (Author, The Power to Destroy: How The Antitax Movement Hijacked America (2024)): The lawsuit by the Moores over $14,729 of tax was never about the tax (labelled the mandatory repatriation tax or MRT) enacted in 2017 to
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Graetz: Moore v. United States—Winning The Battle But The War Goes On
TaxProf Blog Op-Ed: Moore v. United States—Winning the Battle but the War Goes On, by Michael Graetz (Columbia) (Author, The Power to Destroy: How The Antitax Movement Hijacked America (2024)): The lawsuit by the Moores over $14,729 of tax was never about the tax (labelled the mandatory repatriation tax or MRT) enacted in 2017 to
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More Moore Commentary
Reuven Avi-Yonah (Michigan), Limiting The Blast Radius: Can Congress Save The Code From Realization? Josh Blackman (South Texas), Thoughts on Moore v. United States Moore Money, More Problems NFIB PTSD The Sixteenth Amendment did not "Overrule" Pollock Bloomberg, Democrats’ Wealth Tax Dreams Look Dim After Supreme Court Ruling Bloomberg, Foreign Tax Ruling Takes Pains to
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More Moore Commentary
Reuven Avi-Yonah (Michigan), Limiting The Blast Radius: Can Congress Save The Code From Realization? Josh Blackman (South Texas), Thoughts on Moore v. United States Moore Money, More Problems NFIB PTSD The Sixteenth Amendment did not "Overrule" Pollock Bloomberg, Democrats’ Wealth Tax Dreams Look Dim After Supreme Court Ruling Bloomberg, Foreign Tax Ruling Takes Pains to
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Grewal: Moore Decides Less
TaxProf Blog Op-Ed: Moore Decides Less, by Andy Grewal (Iowa; Google Scholar): When the Supreme Court granted certiorari in Moore v. United States, 602 U.S. ___ (2024), it agreed to decide whether the Sixteenth Amendment allows Congress to tax unrealized sums. Alas, the Moore opinion directly resolved only relatively dull and straightforward questions. In doing so,
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Grewal: Moore Decides Less
TaxProf Blog Op-Ed: Moore Decides Less, by Andy Grewal (Iowa; Google Scholar): When the Supreme Court granted certiorari in Moore v. United States, 602 U.S. ___ (2024), it agreed to decide whether the Sixteenth Amendment allows Congress to tax unrealized sums. Alas, the Moore opinion directly resolved only relatively dull and straightforward questions. In doing so,
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FedSoc Debate: Is A Wealth Tax Constitutional?
Akhil Reed Amar (Yale) David Schizer (Columbia) Moderator: Corinne Snow (Vinson & Elkins, Washington, D.C.)
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FedSoc Debate: Is A Wealth Tax Constitutional?
Akhil Reed Amar (Yale) David Schizer (Columbia) Moderator: Corinne Snow (Vinson & Elkins, Washington, D.C.)
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Galle: What’s Next For Wealth And Mark-To-Market Taxes After Moore?
TaxProf Blog Op-Ed: What's Next For Wealth And Mark-To-Market Taxes After Moore?, by Brian D. Galle (Georgetown; Google Scholar): The Moore case was always about wealth taxes. Now that the Supreme Court has handed down its decision, and seems to have studiously avoided making any (technically) definitive statements about whether wealth taxes fit into the constitutional
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Galle: What’s Next For Wealth And Mark-To-Market Taxes After Moore?
TaxProf Blog Op-Ed: What's Next For Wealth And Mark-To-Market Taxes After Moore?, by Brian D. Galle (Georgetown; Google Scholar): The Moore case was always about wealth taxes. Now that the Supreme Court has handed down its decision, and seems to have studiously avoided making any (technically) definitive statements about whether wealth taxes fit into the constitutional
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Brooks & Gamage: Moore v. United States—Initial Reactions
TaxProf Blog Op-Ed: Moore v. United States—Initial Reactions, by John R. Brooks (Fordham; Google Scholar) & David Gamage (Missouri-Columbia; Google Scholar): In its decision in Moore v. United States on June 20, the Supreme Court upheld a broad government power to tax business entities, including corporations, on a pass-through basis. The taxpayers in Moore had challenged as
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Brooks & Gamage: Moore v. United States—Initial Reactions
TaxProf Blog Op-Ed: Moore v. United States—Initial Reactions, by John R. Brooks (Fordham; Google Scholar) & David Gamage (Missouri-Columbia; Google Scholar): In its decision in Moore v. United States on June 20, the Supreme Court upheld a broad government power to tax business entities, including corporations, on a pass-through basis. The taxpayers in Moore had challenged as
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Avi-Yonah: Is A Mark To Market Tax Constitutional After Moore?
TaxProf Blog Op-Ed: Is a Mark to Market Tax Constitutional After Moore?, by Reuven S. Avi-Yonah (Michigan; Google Scholar): The main reason the Supreme Court granted certiorari in Moore was not to debate the constitutionality of the Mandatory Repatriation Tax (MRT). If that were all, there would be no need for any of the Justices to
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Avi-Yonah: Is A Mark To Market Tax Constitutional After Moore?
TaxProf Blog Op-Ed: Is a Mark to Market Tax Constitutional After Moore?, by Reuven S. Avi-Yonah (Michigan; Google Scholar): The main reason the Supreme Court granted certiorari in Moore was not to debate the constitutionality of the Mandatory Repatriation Tax (MRT). If that were all, there would be no need for any of the Justices to