Amen
Thank You, Tiny!
One Point- my understanding current interpretation of the Constitution is that taxing income is legit, but taxing wealth/estate is not.
How estate taxes work into that - IDNK.
Originally Posted by oeb11
No, thank you oeb. Interesting. I read it's debatable whether Elizabeth Warren's wealth tax would be constitutional but never looked into it until now. Apparently any "
direct tax" except an income tax must be levied by state in proportion to each state's population. This doesn't apply to the income tax because of the 16th amendment to the Constitution, which "permits imposition of a federal income tax without regard to apportionment among the states."
So in other words if you have a lot of billionaires per capita in Connecticut and very few in Mississippi, then Mississippi gets royally screwed if you impose any federal direct tax on wealth. So the tax is impractical, if a wealth tax is considered a direct tax.
While there's no clear definition, a direct tax is considered to be a tax that applies to a state of being, while an indirect tax applies to an action. So a tax on property or wealth or income would be a direct tax. A tax on wages is considered an indirect tax, and thus does not have to be apportioned by the populations of the states, because it applies to an action, that is, to a transaction of labor for money.
A tax on estates and gifts is considered an indirect tax. Why? Here's an explanation,
What then of the combined federal estate and gift tax? Isn't that a tax on an estate's assets? The answer, surprisingly, is "No". Congress enacted the first federal estate tax in 1916. Its constitutionality was upheld by the United States Supreme Court in New York Trust Company v. Eisner, 1921, 256 U.S. 345. The opinion of the Court, delivered by Justice Holmes, was that the estate tax was not constitutionally infirm as a direct tax. Later cases made clear that the estate tax was not a tax on the property of the estate, but rather an excise tax on the privilege of transferring property at death. The triggering event, then, is the death of the testator. The current statute [3] imposes a tax on the transfer of a decedent's taxable estate.
https://gspp.berkeley.edu/news/news-...-net-worth-tax
Therefore, an estate or gift tax, which is associated with a transfer of property at death or at the date of the gift, is associated with an action, not a state of being, and is constitutional.
It would appear that a wealth tax would clearly be a direct tax.
It's not associated with a transaction or an action, but rather with a state of being. Therefore, it should be unconstitutional.
Elizabeth Warren thought about this, so she's proposing a tax on income from wealth (which is constitutional because of the 16th amendment) instead of a tax on wealth. This sounds like bull shit semantics with no substance. However, some very smart lawyers think there's a good chance this could fly, perhaps with some modifications. See
http://nymag.com/intelligencer/2019/...ealth-tax.html
Warren's wealth tax would be challenged in the courts and appealed to the Supreme Court. Given the current make up of the court (conservative), you'd guess that it would ultimately be considered unconstitutional. But it's hard to say.
John Roberts opinion, that the Obamacare was constitutional, involved this same point. He did not consider the penalty for failing to buy health insurance to be a direct tax. Maybe he was right, but it seems like it would be a lot harder to argue that a wealth tax is not a direct tax.