How the Supreme Court Case Moore v. United States Could Alter the Tax Landscape
The US Supreme Court will soon hear Moore v. United States, a case challenging the constitutionality of a one-time tax imposed by the 2017 Tax Cuts and Jobs Act on about $3 trillion in undistributed corporate earnings that had accumulated overseas. The plaintiffs, and amicus briefs in support of the plaintiffs, argue that the 16th Amendment power to “lay and collect taxes on incomes, from whatever source derived,” does not authorize Congress to tax unrealized sums. If the court accepts these arguments, it could upend key parts of the tax code and cost significant revenue.
Join the Urban-Brookings Tax Policy Center and the Tax Law Center at NYU Law for an event with leading tax policy and legal experts to examine the case's potential ramifications. The event will describe the history and context of the 16th Amendment, and the case's potential fiscal, economic, and administrative consequences.
Confirmed participants are listed below and additional speakers will be announced soon.
Tracy Gordon, Co-Director, Urban-Brookings Tax Policy Center
Chye-Ching Huang, Executive Director, Tax Law Center at NYU Law
Panel 1: 16th Amendment History and Context
Vanessa Williamson, Senior Fellow, Urban-Brookings Tax Policy Center (moderator)
John Brooks, Professor of Law, Fordham University
Ajay Mehrotra, Professor of Law & History, Northwestern University; Research Professor, American Bar Foundation
Panel 2: Economic Implications
Eric Toder, Institute Fellow, Urban-Brookings Tax Policy Center (moderator)
Kyle Pomerleau, Senior Fellow, American Enterprise Institute
Natasha Sarin, Associate Law Professor, Yale University
George Callas, Executive Vice President, Arnold Ventures
Panel 3: Administrative Challenges
Chye-Ching Huang, Executive Director, Tax Law Center at NYU Law (moderator)