Billionaires tax faces constitutional, political hurdles

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Democrats' plan to tax billionaires excites the party's base. It could be attractive to Sen. Sinema. And it might be unconstitutional.

said they support raising taxes on the wealthiest people. But few if any independent surveys delve into the question of taxing the unrealized gains of billionaires."It's new, so implementation becomes an issue," said Sen. Jon Tester, D-Mont., who added that he hasn't passed judgment one way or the other."I've really got to study it."

Legal scholars say that even if courts ruled in favor of taxing unrealized gains at their increased values — known as a"mark to market" assessment of value — it's unclear how they would approach the constitutionality of a tax conditioned on the wealth of the taxpayer rather than on his or her income.

When the Constitution was ratified, it required that"direct taxes" be apportioned among the states"according to their respective numbers," meaning each state would have to cough up an amount proportional to its population. The 16th Amendment created an exemption that allows the federal government to collect income taxes.

From a political perspective, Democratic leaders may end up caring more about whether they can pass the provision than whether it would survive a court challenge. The billionaires tax can't be ruled unconstitutional unless it has first become law.

 

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The 'Poor little dear billionaires'....... Someone gonna 'tax' the little dears? Gonna get Manchin & Sinema upset....

Anger is an acid that can do more harm to the vessel in which it is stored than to anything on which it is poured

Can we audit past tax dollars spent by government to insure they weren’t wasted or connected to corruption? I’m 99% positive if we did investigate we’d find billions/trillions of dollars stashed away, that we could then take back and use for whatever spending bill you guys want

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