Monday, April 25, 2022
Foster & Lawson: Govt Tax Discretion
William E. Foster (Arkansas; Google Scholar) & Andrew Lawson (Arkansas; Google Scholar), Govt Tax Discretion, 73 Ala. L. Rev. 291 (2021):
More and more, Congress permits the president to find out tax penalties with the stroke of a pen. For instance, if the president declares a significant catastrophe beneath the Stafford Act, affected taxpayers are allowed a deduction for internet private casualty losses. This Article surveys cases of govt tax discretion scattered all through the code, with a give attention to catastrophe declarations.
In isolation, any single presidential willpower could have a restricted affect on a comparatively slender group of taxpayers. However within the mixture, these deferrals symbolize a regarding departure from democratic norms and an alarming augmentation of govt autonomy. They erode the protections of the everyday legislative course of, remove the safeguards of judicial evaluation, and introduce alternatives for political mischief. With these considerations in thoughts, the Article identifies areas the place Congress would possibly look to additional improve govt tax discretion, notably throughout monetary emergencies. This Article concludes that any such enlargement can be unwise and suggests alternate options that may facilitate agile and constant responses whereas avoiding the dangers related to unilateral govt motion.
https://taxprof.typepad.com/taxprof_blog/2022/04/foster-lawson-executive-tax-discretion.html
