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A Historical Examination of the Constitutionality of the Federal Estate Tax

A Historical Examination of the Constitutionality of the Federal Estate Tax
Author: Ph.d. Lowenstein (Henry)
Publisher:
Total Pages: 30
Release: 2019
Genre:
ISBN:

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During the 2016 presidential debate, Hillary Clinton vowed to raise the estate (death) tax to 65%, while Donald Trump pledged to abolish it as part of his overall tax reform proposal. An interesting question resonates as to whether the tax is even constitutional. This paper takes a fresh look at the Estate Tax, appropriate in an era of a U.S. Supreme Court consisting of a majority of adherents to a more “strict constructionist” view of constitutional interpretation. Although historically regarded by the U.S. Supreme Court as being a constitutional excise tax, it can be theorized that the estate tax is an unconstitutional overreach of taxing power by the Federal government and constitutes a “taking” of private property banned by the 5th Amendment. This article directly confronts the constitutionality of the federal Estate Tax from a purely bedrock perspective. To meet this objective, were review the enumerated powers of Federal taxation as allowed by the U.S. Constitution; dissect the scope of the estate tax, to include an analysis of the judicial and legislative history supporting its constitutionality; theorize that the tax does not have a constitutional basis legitimizing its inclusion in the Federal tax code; and conclude that the estate tax violates the U.S. Constitution and should therefore be repealed.


The Federal Estate Tax

The Federal Estate Tax
Author: David Joulfaian
Publisher: MIT Press
Total Pages: 213
Release: 2024-02-06
Genre: Business & Economics
ISBN: 026255111X

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A comprehensive and accessible account of the U.S. estate tax, examining its history and evolution, structure and inner workings, and economic consequences. Governments have been levying some form of inheritance tax since the ancient Egyptians did so in the seventh century BC. In the United States, the federal government experimented with various forms of inheritance taxes, settling on an estate tax in 1916 and a gift tax in 1932. Despite this long history, there are few empirical studies of the federal estate tax. This book offers the first comprehensive look at U.S. estate and inheritance taxes, examining their history and evolution, structure and inner workings, and economic consequences. Written by David Joulfaian, a veteran economist at the U.S. Department of the Treasury, the book provides accessible accounts of such topics as changes in tax laws, issues of equity, the fiscal contribution of the estate tax, and its behavioral effects. Joulfaian traces the evolution of U.S. inheritance taxes from 1797 to the present, noting that the estate tax rate and base expanded through 1976, then began to decline. He describes the tax itself, explaining that it currently applies to estates and gifts in excess of $11.18 million, and outlines applicable deductions and credits. He sketches a profile of taxpayers and their beneficiaries; surveys the revenues from estate and gift taxes; and discusses the effect of estate taxation on labor decisions, saving and wealth accumulation, charitable giving, life insurance ownership, and other economic activities. Finally, he addresses criticisms of the estate tax and analyzes its shortcomings. Accompanying tables present a wealth of data gathered by Joulfaian in his research and not available elsewhere.


The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


Farmer's Tax Guide

Farmer's Tax Guide
Author:
Publisher:
Total Pages: 112
Release: 1998
Genre: Agriculture
ISBN:

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United States Tax Court: A Historical Analysis

United States Tax Court: A Historical Analysis
Author: Harold Dubroff
Publisher: Government Printing Office
Total Pages: 958
Release: 2015-05-01
Genre: Law
ISBN: 0160928486

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NOTE: NO FURTHER DISCOUNT FOR THIS PRODUCT-OVERSTOCK SALE -Significantly reduced list price The United States Tax Court has played a key role in the development of Federal tax law since its founding as the Board of Tax Appeals in 1924. The United States Tax Court-An Historical Analysis (Second Edition) is a 13-part scholarly work which provides insight into the forces which created and shaped the United States Tax Court, its procedures, and its jurisdiction through the present day. This comprehensive work is packaged with two paperback volumes. Parts I through IV of the book detail the history of the United States Tax Court, beginning with the creation of the Board of Tax Appeals through the 1969 congressional chartering of the United States Tax Court as a court of record established under article I of the United States Constitution. Part V discusses the judicial consideration of the United States Tax Court's constitutional status that culminated in the United States Supreme Court's 1991 decision in Freytag v. Commissioner. Part VI addresses foundational aspects of the United States Tax Court's jurisdiction, such as its deficiency and refund jurisdiction. Part VII examines a number of recent innovations in the United States Tax Court's jurisdiction that are intended to improve the efficiency of tax litigation. Part VIII explores the jurisdiction of the United States Tax Court to review the administration of certain specified taxpayer rights. Parts IX through XI discuss pretrial matters, trial procedure, and post-trial considerations, respectively. Part XII discusses the position of the Special Trial Judge. Part XIII addresses the various means by which the United States Tax Court provides institutional support to self-represented taxpayers.


Historical Dictionary of the Gilded Age

Historical Dictionary of the Gilded Age
Author: T. Adams Upchurch
Publisher: Scarecrow Press
Total Pages: 316
Release: 2009-04-13
Genre: History
ISBN: 0810862999

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The Gilded Age was an important three-decade period in American history. It was a time of transition, when the United States began to recover from its Civil War and post-war rebuilding phase. It was as a time of progress in technology and industry, of regression in race relations, and of stagnation in politics and foreign affairs. It was a time when poor southerners began farming for a mere share of the crop rather than for wages, when pioneers settled in the harsh land and climate of the Great Plains, and when hopeful prospectors set out in search of riches in the gold fields out West. The Historical Dictionary of the Gilded Age relates the history of the major events, issues, people, and themes of the American "Gilded Age" (1869-1899). This period of unprecedented economic growth and technical advancement is chronicled in this reference and includes a chronology, an introductory essay, a bibliography, and hundreds of cross-referenced dictionary entries.


A Good Tax

A Good Tax
Author: Joan Youngman
Publisher:
Total Pages: 260
Release: 2016
Genre: Local finance
ISBN: 9781558443426

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In A Good Tax, tax expert Joan Youngman skillfully considers how to improve the operation of the property tax and supply the information that is often missing in public debate. She analyzes the legal, administrative, and political challenges to the property tax in the United States and offers recommendations for its improvement. The book is accessibly written for policy analysts and public officials who are dealing with specific property tax issues and for those concerned with property tax issues in general.


Our Selfish Tax Laws

Our Selfish Tax Laws
Author: Anthony C. Infanti
Publisher: MIT Press
Total Pages: 253
Release: 2018-10-02
Genre: Business & Economics
ISBN: 0262038242

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Why tax law is not just a pocketbook issue but a reflection of what and whom we, as a society, value. Most of us think of tax as a pocketbook issue: how much we owe, how much we'll get back, how much we can deduct. In Our Selfish Tax Laws, Anthony Infanti takes a broader view, considering not just how taxes affect us individually but how the tax system reflects our culture and society. He finds that American tax laws validate and benefit those who already possess power and privilege while starkly reflecting the lines of difference and discrimination in American society based on race, ethnicity, socioeconomic class, gender, sexual orientation and gender identity, immigration status, and disability. Infanti argues that instead of focusing our tax reform discussions on which loopholes to close or which deductions to allow, we should consider how to make our tax system reflect American ideals of inclusivity rather than institutionalizing exclusion. After describing the theoretical and intellectual underpinnings of his argument, Infanti offers two comparative case studies, examining the treatment of housing tax expenditures and the unit of taxation in the United States, Canada, France, and Spain to show how tax law reflects its social and cultural context. Then, drawing on his own work and that of other critical tax scholars, Infanti explains how the discourse surrounding tax reform masks the many ways that the American tax system rewards and reifies privilege. To counter this, Infanti urges us to work together to create a society with a tax system that respects and values all Americans.


Inequality in America

Inequality in America
Author: Robert S. Rycroft
Publisher: Bloomsbury Publishing USA
Total Pages: 440
Release: 2021-06-18
Genre: Political Science
ISBN:

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This authoritative reference work explores the factors driving the much-debated increase in economic inequality in U.S. society, as well as the impact that this divide is having on U.S. culture, politics, families, communities, and institutions. This reference work provides an authoritative and comprehensive resource for both students and scholars who are interested in learning more about the rich-poor divide in the United States—a divide regarded by many lawmakers, researchers, pundits, and concerned citizens as one of the nation's most serious problems. The book provides important historical background for understanding how the nation has grappled with (or ignored) this issue in the past, examines specific causes of inequality identified by observers across the political spectrum, and summarizes the potential consequences (both present and future) of economic inequality. This book examines more than 25 issues frequently cited as factors contributing to the rapidly widening gap between socioeconomic classes in the U.S., ranging from such demographic factors as race and gender to tax code provisions and differences in access to quality education and health care. The book also provides both a retrospective and prospective look at government policies aimed at addressing inequality or assisting the poor. Finally, the book looks ahead to survey the future of inequality in America.


The Federal Gift Tax

The Federal Gift Tax
Author: David Joulfaian
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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The gift tax was first enacted in 1924, repealed in 1926, overhauled and reintroduced in 1932. At its peak in fiscal year 1999, it raised $4.6 billion in revenues, before the recent phased-in tax rate reductions ushered by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) took effect. It is noteworthy that the gift tax was first enacted as a protective measure to minimize estate and income tax avoidance, and not for its direct revenue yield. Similarly, EGTRRA, while phasing out the estate tax, retained the gift tax for the very same reasons. Unlike the estate tax which faces an uncertain future, the gift tax is little affected by recent legislative proposals and will remain part of the tax code for the foreseeable future. Nevertheless, the gift tax has been the subject of little scrutiny and studies of its economic implications are rare. This paper is an attempt to fill this void. It traces the evolution of the gift tax since its inception, and sketches out the structure of the tax and its complex interactions with the income and estate taxes. The paper also provides an overview of the direct fiscal contribution of the gift tax, and traces the number of taxpayers over time as well as their attributes. It concludes with a discussion of the behavioral effects of the gift tax and a review of the scant literature. These include empirical evidence on the choice between gifts and bequests, timing of gifts, and compliance among others.