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Cato Podcast

SCOTUS Will Weigh in on Taxing Unrealized Income

Cato Podcast

Cato Institute

Government, Policy, 424708, Immigration, Defense, Peace, Politics, News, Cato, Libertarian, News Commentary, Markets

4.5979 Ratings

🗓️ 12 July 2023

⏱️ 9 minutes

🧾️ Download transcript

Summary

The Supreme Court will take up the case of a one-time tax hike for a highly selective group of Americans on some of their unrealized income. Tommy Berry explains.

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Transcript

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0:00.0

This is the Kater Daily Podcast for Wednesday, July 12,

0:05.0

2023. I'm Caleb Brown.

0:07.0

It's a wish list item for many in Congress taxing

0:10.5

unrealized income. It was one provision signed into law by President Trump as part of the

0:16.2

2017 Tax Cutts and Jobs Act. Now the Supreme Court may decide if taxing your gains before you sell your investments is once and for all

0:26.0

a non-starter.

0:27.0

Kato's Tommy Berry comments.

0:29.0

Tommy, what is income?

0:31.0

I realize that this seems like a very simple question, but when we think about income for the purposes of taxation, what is it?

0:41.0

Well, like most things, it's a simple question until you ask a lawyer and then it gets complicated.

0:47.0

So income to a tax lawyer is essentially money that has been realized.

0:52.6

And it's sort of hard to define that

0:54.2

without looking at tons of case law,

0:55.9

but in a nutshell, it's you've gotten a benefit.

0:58.4

So the most obvious would be you got the money itself

1:01.7

in your bank account, say you got a dividend from owning a

1:04.4

stock or you sold a stock and you got the profit from however much someone paid

1:09.2

you for that stock. There are a few other examples. Perhaps you gave a gift, perhaps a stock matured or some other ownership

1:17.0

stake matured, and you immediately gave it as a gift.

1:20.0

That act of gift giving is treated as a benefit to you so that's treated as a

1:24.3

realization event but the key point is that up until now the federal government has

1:29.9

always said if you don't get any money or any other benefit that has not

...

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