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Full-Text Articles in Law
Classifying Federal Taxes For Constitutional Purposes, Evgeny Magidenko
Classifying Federal Taxes For Constitutional Purposes, Evgeny Magidenko
University of Baltimore Law Review
In 2012, ruling on a challenge to President Obama’s landmark healthcare legislation, the Supreme Court upheld the legislation’s individual mandate penalty as a tax. The Court’s decision relied in part on the finding that the penalty was not a direct tax and so its lack of apportionment was not fatal. This was the first Supreme Court case in decades to address direct taxes, but regrettably it provided only a cursory examination of the subject. It did, however, serve as a useful reminder that the constitutional analysis of taxes is not a foregone conclusion and confirmed that there is a tenable …
A Simpler Verifiable Gift Tax, Wendy G. Gerzog
A Simpler Verifiable Gift Tax, Wendy G. Gerzog
All Faculty Scholarship
The purpose of this article is to propose a simpler verifiable gift tax, to reassert basic principles of transfer taxes, to encourage simple, outright gifts, and to eliminate some of the major abuses in the current gift tax regime. To accomplish these goals, the proposed tax would simplify gift completion rules, adopt a hard-to-complete rule of transfer taxation, reduce the annual exclusion while expanding the consumption exclusion, and employ loss of preference inducements to increase gift tax compliance.