#SCOTUS: Taxing the rich unrealized gains. Richard Epstein, Hoover Institution/
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 7 November 2023
⏱️ 15 minutes
🧾️ Download transcript
Summary
#SCOTUS: Taxing the rich unrealized gains. Richard Epstein, Hoover Institution/
https://www.hoover.org/research/keeping-tax-clash-going-out-bounds
1857 Wall Street
Transcript
Click on a timestamp to play from that location
| 0:00.0 | This is CBS, I am the world. I'm John Bachelor. The 16th Amendment of the United States of America, |
| 0:11.4 | 1913 reads in part, |
| 0:14.4 | the Congress shall have the power to lay and collect taxes |
| 0:18.5 | on incomes from whatever source derived |
| 0:22.3 | without apportionment among the several states, |
| 0:25.2 | and without regard to any census or enumeration. |
| 0:29.4 | The question is, does the Congress have the power also to tax unrealized gains? There's a new |
| 0:38.4 | case coming before the Supreme Court, Moore versus United States 2023, turning on the complaint by a couple, Charles and |
| 0:47.0 | Kathleen Moore, that they were being taxed on unrealized gains and that that was unconstitutional. |
| 0:55.0 | Fortunately, I have Professor Richard Epstein of the Hoover Institution, |
| 0:59.0 | teaches law at NYU in the University of Chicago, |
| 1:02.0 | writing at defining ideas for the |
| 1:04.1 | Hoover Institution, anticipating the Supreme Court's hearing of |
| 1:08.7 | unrealized gains. I mention as an amateur if this is likely empowered by the Supreme Court it will |
| 1:17.0 | completely upset the markets which is a good evening to you |
| 1:25.0 | to you. The more versus the United States |
| 1:31.0 | seems to be high stakes, very high stakes. Is it or am I over reading this? |
| 1:36.6 | Good evening to you. Well you're not over reading it. There were two phases in this |
| 1:41.1 | case. To begin with, let's give you a very brief summary, there's an exact sum in dollars and cents, which is in a corporation, which the Moors as a minority shareholder cannot exact from that corporation. |
| 1:54.8 | What they've claimed is you can't tax me on money that I cannot possibly receive, but it's |
| 1:59.9 | important to know that this is gain which to perfectly realize, i.e. |
| 2:03.6 | reduce the balance and sense at the corporate level, but has not been distributed to the |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from John Batchelor, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of John Batchelor and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

