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Saving The Nonessential With Radical Tax Policy, Rodney P. Mock, Kathryn Kisska-Schulze
Saving The Nonessential With Radical Tax Policy, Rodney P. Mock, Kathryn Kisska-Schulze
University of Cincinnati Law Review
Under the Internal Revenue Code of 1986, as amended, for-profit entities are distinguishable from tax-exempt entities in that they, among other factors, pursue profits, and enjoy unrestricted commercial activities. The COVID-19 lockdowns prevented commercial activity for numerous for-profit small businesses. For the first time in United States history, a distinction was made between "essential" and "nonessential" businesses. Such distinction is historically absent in both legal scholarship and tax law; instead, it is a product of governmental reaction to the COVID-19 pandemic. Via executive order, nonessential businesses were characterized as being trivial to the fabric of society, and thus shuttered, while …