August 22, 2006
Is the Internal Revenue Code Unconstitutional?
I think my favorite case in Federal Income Tax was Eisner v. Macomber, since I frankly found the boundaries of Congress's taxing authority far more interesting than hair-splitting about life insurance, sale-lease-backs, or the characterization of loss. So I am quite interested to see, via Eugene Volokh and Orin Kerr, that the D.C. Circuit has declared a small portion of the Internal Revenue Code to exceed Congress's power to tax income. (The case is called Murphy v. IRS, and the opinion is here.)
I have not yet read the decision and probably will not until I hit the library tomorrow.
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