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The John Batchelor Show

2/2: SCOTUS: Moore et ux v. United States invites the wealth tax in. Richard Epstein, Hoover Institution

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 22 June 2024

⏱️ 5 minutes

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Summary

2/2: SCOTUS: Moore et ux v. United States invites the wealth tax in. Richard Epstein, Hoover Institution
https://www.wsj.com/articles/moore-v-u-s-supreme-court-mandatory-repatriation-tax-brett-kavanaugh-amy-coney-barrett-23d99510?mod=editorials_article_pos1

1888 SCOTUS


Transcript

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0:00.0

I'm John Bachelor Professor Richard Epstein who has exercised about the Supreme Court

0:09.6

decision more at Oxford to the United States.

0:13.0

Justice Kavanaugh is aware that there are issues here, the Wall Street Journal says,

0:19.0

open the door to the wealth tax.

0:21.0

Justice Kavanaugh wrote for the majority, the seven to two majority, well five

0:25.6

majority. There were Justice Barrett dissented and Justice Jackson dissented for their own purposes.

0:33.5

Justice Kavanaugh wrote for the majority, stressing that the court's ruling was a narrow

0:38.6

one.

0:39.6

Kavanaugh noted that a contrary decision, quote, could render vast swaths of the Internal Revenue Code unconstitutional.

0:47.0

He seems to see that there are shallow, there are shoals up ahead, Richard.

0:52.0

What can be done?

0:53.0

Well the shows are the ones that I mentioned to you.

0:56.0

All the situations where you have financial assets that are taxed without realization

1:01.0

and there are huge portions of the Internal Revenue Code that deal with corporate

1:04.4

options and things like that. And he says you can't stop them. So what can be done

1:09.7

is, first of all, you should never have stirred this pot.

1:12.8

But now that you stirred the pot, what you have to do

1:15.2

is to completely change the approach.

1:18.0

Don't make this a constitutional argument.

1:20.6

Make it an argument which shows how it is that every time you've tried a tax on

1:25.0

unrealized appreciation of corporate stock, public stock or private stock, or a

1:30.4

wealth tax, it's resulted in a calamity or a disaster.

...

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