St. Thomas Law Review
Constitutional LawCorporate LawFeaturedTax Law
April 10, 2024By Michael Schaum
The fruit or the tree? Being the lone sentry against unapportioned federal taxation, the very definition of income is central to tax jurisprudence. Taxable “income” has cautiously been likened to the fruit-bearing tree: fruit’s economic value should be attributed (taxed) to the tree on which it grows.[i] Likewise, attempts to re-assign fruits to another […]
March 18, 2024By Catherine Gluchowski
Sitting at the table of the highest court in the land is the monumental case, Moore v. United States.[i] A case that concerns a potential seismic shift in the legal interpretation of what constitutes taxable income in the United States. At the crux of the debate is the Mandatory Repatriation Tax (“MRT”), a policy […]
Constitutional LawFeaturedStatutory InterpretationTax Law
February 26, 2024By Samuel Bazylenko
Taxation has been an ongoing storm of debate in the United States for centuries. Under the Sixteenth Amendment of the U.S. Constitution, Congress holds an enumerated power to “lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States.”[i] This definition of income has been reinforced by the […]
Estate TaxFeaturedStatutory InterpretationTax Cuts and Jobs ActTax Law
October 16, 2023By Samuel Bazylenko
In this life, there are two guarantees: death and taxes. Yet, even in death, one does not escape the imposition of tax.[i] Since 1916, Congress imposed an excise tax on transfers of a decedent’s taxable estate. Today, Americans are confronted with the latest interpretations of such excise taxes, courtesy of the 2017 Tax Cuts […]
