Document Type
Article
Publication Date
1-2024
Abstract
On December 5, 2023, the Supreme Court heard oral arguments in Moore, the case challenging the constitutionality of the mandatory repatriation tax enacted in 2017 (section 965). Most of the justices' questions focused on the potential collateral consequences from requiring realization as a constitutional matter, and the majority seemed inclined to avoid the constitutional issue by focusing on the fact that the income in Moore was realized and that section 965 simply followed a long list of precedents by attributing this corporate income to shareholders in a closely held corporation.
Recommended Citation
Avi-Yonah, Reuven S. "What is the Best Candidate for a Post-Moore Constitutional Challenge?" Tax Notes Federal 113, no. 17 (2024).
Comments
Reprinted with the permission of Tax Analysts