• Moore v. United States, appeal to Supreme Court on direct taxation

    From Adam H. Kerman@21:1/5 to All on Sat Jun 24 12:25:11 2023
    Moore v. United States is relisted. The Supreme Court hasn't yet granted the appeal.

    This is of interest as it's about direct taxes. Unapportioned
    direct taxes are unconstitutional under Article I Section 9. The 16th Amendment, which made income taxes contitutional without apportionment, is
    an exception to the unconstitutionality of unapportioned direct taxes; the provision was otherwise left in place.

    A Trump-era amendment to the Internal Revenue Act taxes corporate earnings abroad on a one-time basis. The Moores owned 1/6 of a company supplying equipment to farmers in poor regions of India. The company was profitable
    but didn't pay dividends as dividends were always reinvested.

    The Moores paid the tax but challenged it as an unapportioned direct tax.
    They lost at the Ninth Circuit because the Supreme Court has ruled that unrealized income may be taxed.

    I'm keeping an eye on this. https://www.scotusblog.com/2023/06/the-constitutionality-of-wealth-taxes-plus-educational-benefits-for-veterans/
    https://casetext.com/case/moore-v-united-states-2125

    Here's a nice summary of the constitutional implications of direct and
    indirect taxes:

    https://constitutioncenter.org/the-constitution/articles/article-i/clauses/757

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  • From John Levine@21:1/5 to It appears that Adam H. Kerman on Sat Jun 24 13:22:43 2023
    It appears that Adam H. Kerman <ahk@chinet.com> said:
    Moore v. United States is relisted. The Supreme Court hasn't yet granted the >appeal.

    Don't get your hopes up. There are 191 petitions left and they will
    accept maybe five of them. I suspect the relist is because two or
    three of the usual suspects like it, probably the same ones who like
    the absurd Moore vs Harper election law case, hoping they can round
    up one more vote.

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    Please consider the environment before reading this e-mail. https://jl.ly

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  • From John Levine@21:1/5 to All on Sat Jun 24 18:44:55 2023
    According to Adam H. Kerman <ahk@chinet.com>:
    equipment to farmers in poor regions of India. The company was profitable
    but didn't pay dividends as dividends were always reinvested.

    The Moores paid the tax but challenged it as an unapportioned direct tax. >They lost at the Ninth Circuit because the Supreme Court has ruled that >unrealized income may be taxed.

    Their argument seems to be that they don't owe tax because the income
    was not paid out, and assert that courts have always said that you
    only owe tax on income you have received.

    That's just false. Zero coupon bonds are sold at a discount and
    redeemed at face value. Each year the value of the bond is a little
    more as it gets closer to the maturity date, with the increase called
    imputed interest. Even though you don't get that imputed interest, you
    have to pay taxes on it each year. (If somone's about to ask what
    about US Savings Bonds, they have a special exception.)

    I doubt SCOTUS has an appetite to screw up the entire bond market for
    the benefit of some guy with a small investment in an Indian firm.
    Keep in mind that this argument is just about timing. You owe tax
    either way, the question only being when you pay it.

    R's,
    John
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    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Adam H. Kerman@21:1/5 to John Levine on Sat Jun 24 18:44:22 2023
    John Levine <johnl@taugh.com> wrote:
    It appears that Adam H. Kerman <ahk@chinet.com> said:

    Moore v. United States is relisted. The Supreme Court hasn't yet granted the >>appeal.

    Don't get your hopes up. There are 191 petitions left and they will
    accept maybe five of them. I suspect the relist is because two or
    three of the usual suspects like it, probably the same ones who like
    the absurd Moore vs Harper election law case, hoping they can round
    up one more vote.

    You've whooshed me.

    Note: Completely different appellant

    Moore v Harper would test the independent state legislature theory.
    That's nothing to do with unapportioned direct taxation. I don't even
    see how it would have the same majority.

    As far as the independent state legislature theory, if that's a VALID
    theory, then our Founding Fathers are absolutely subject to criticism as
    that's simply the result of a massive drafting error in the
    Constitution. If it's an invalid theory, then federal courts are being
    asked to ignore plain language in the Constitution.

    It's along the lines privileges OR immunities versus privilege AND
    immunities.

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  • From Stuart O. Bronstein@21:1/5 to John Levine on Sat Jun 24 21:22:06 2023
    "John Levine" <johnl@taugh.com> wrote in news:u77gbn$lkn$1@gal.iecc.com:
    Adam H. Kerman <ahk@chinet.com>:

    equipment to farmers in poor regions of India. The company was
    profitable but didn't pay dividends as dividends were always
    reinvested.

    The Moores paid the tax but challenged it as an unapportioned direct
    tax. They lost at the Ninth Circuit because the Supreme Court has
    ruled that unrealized income may be taxed.

    Their argument seems to be that they don't owe tax because the income
    was not paid out, and assert that courts have always said that you
    only owe tax on income you have received.

    That's just false. Zero coupon bonds are sold at a discount and
    redeemed at face value. Each year the value of the bond is a little
    more as it gets closer to the maturity date, with the increase called
    imputed interest. Even though you don't get that imputed interest, you
    have to pay taxes on it each year. (If somone's about to ask what
    about US Savings Bonds, they have a special exception.)

    That's right. When there is a statute to that effect, such as with
    accrual taxpayers, partners and S-corporation shareholders, money is
    taxed when it's earned, not when it's received. It's all treated as
    income, even though not received. And that takes it out of the
    apportionment clause.

    I doubt SCOTUS has an appetite to screw up the entire bond market for
    the benefit of some guy with a small investment in an Indian firm.
    Keep in mind that this argument is just about timing. You owe tax
    either way, the question only being when you pay it.

    Someone said the 9th circuit is overruled a lot. It's not. It's the
    second most overruled circuit, at about a 6% overrule rate the last time
    I checked. So it's not likely to be overtured even though it is the 9th circuit.

    --
    Stu
    http://DownToEarthLawyer.com

    --
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  • From Adam H. Kerman@21:1/5 to John Levine on Sat Jun 24 23:38:50 2023
    John Levine <johnl@taugh.com> wrote:
    According to Adam H. Kerman <ahk@chinet.com>:

    equipment to farmers in poor regions of India. The company was profitable >>but didn't pay dividends as dividends were always reinvested.

    The Moores paid the tax but challenged it as an unapportioned direct tax. >>They lost at the Ninth Circuit because the Supreme Court has ruled that >>unrealized income may be taxed.

    Their argument seems to be that they don't owe tax because the income
    was not paid out, and assert that courts have always said that you
    only owe tax on income you have received.

    The dividend must be issued, at least put on the books, in order to be re-invested. When would that occur, at year end or throughout the year?
    Sound like an informal process.

    That's just false. Zero coupon bonds are sold at a discount and
    redeemed at face value. Each year the value of the bond is a little
    more as it gets closer to the maturity date, with the increase called
    imputed interest. Even though you don't get that imputed interest, you
    have to pay taxes on it each year.

    Isn't this original issue discount? I get 1099s for this each year. No
    cash.

    (If somone's about to ask what about US Savings Bonds, they have
    a special exception.)

    I doubt SCOTUS has an appetite to screw up the entire bond market for
    the benefit of some guy with a small investment in an Indian firm.
    Keep in mind that this argument is just about timing. You owe tax
    either way, the question only being when you pay it.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
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  • From Stuart O. Bronstein@21:1/5 to Adam H. Kerman on Sun Jun 25 11:42:42 2023
    "Adam H. Kerman" <ahk@chinet.com> wrote:
    John Levine <johnl@taugh.com> wrote:
    Adam H. Kerman <ahk@chinet.com>:

    equipment to farmers in poor regions of India. The company was
    profitable but didn't pay dividends as dividends were always
    reinvested.

    The Moores paid the tax but challenged it as an unapportioned direct
    tax. They lost at the Ninth Circuit because the Supreme Court has
    ruled that unrealized income may be taxed.

    Their argument seems to be that they don't owe tax because the income
    was not paid out, and assert that courts have always said that you
    only owe tax on income you have received.

    The dividend must be issued, at least put on the books, in order to be re-invested. When would that occur, at year end or throughout the
    year? Sound like an informal process.

    This was a special case - a one-time tax for controlled foreign
    corporations. So the normal requirements didn't apply. For that
    situation it was taxed much like a partnership or S-corporation.

    That's just false. Zero coupon bonds are sold at a discount and
    redeemed at face value. Each year the value of the bond is a little
    more as it gets closer to the maturity date, with the increase called >>imputed interest. Even though you don't get that imputed interest, you
    have to pay taxes on it each year.

    Isn't this original issue discount? I get 1099s for this each year. No
    cash.

    (If somone's about to ask what about US Savings Bonds, they have
    a special exception.)

    I doubt SCOTUS has an appetite to screw up the entire bond market for
    the benefit of some guy with a small investment in an Indian firm.
    Keep in mind that this argument is just about timing. You owe tax
    either way, the question only being when you pay it.


    --
    Stu
    http://DownToEarthLawyer.com

    --
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    << >>
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  • From John Levine@21:1/5 to All on Sun Jun 25 19:04:01 2023
    According to Adam H. Kerman <ahk@chinet.com>:
    That's just false. Zero coupon bonds are sold at a discount and
    redeemed at face value. ...

    Isn't this original issue discount? I get 1099s for this each year. No
    cash.

    Yup. A zero coupon bond is all OID.

    The only zeros the US government issues are T bills, with maturities
    from 4 to 52 weeks.

    For longer term bonds, a dealer can separate a note or bond into
    STRIPS, in which each interest payment and the principal turn into a
    separate security with a separate CUSIP. If you start with a 10 year
    bond with semi-annual interest payments, that turns into 21 STRIPS,
    twenty small ones for the interest and one big one at the end. It's
    less common but also possible to take all of the remaining coupons and principal and put the bond back together.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --
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    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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