Article on Is Capping the Deduction for State and Local Taxes Constitutional?
Erik M. Jensen published an Article entitled, Is Capping the Deduction for State and Local Taxes Constitutional?, Tax Law & Policy eJournals (2018). Provided below is an abstract of the Article:
In the Tax Cuts and Jobs Act of 2017, Congress capped the deduction available for state taxes not attributable to businesses or investments, and representatives of high-tax states are challenging the constitutionality of that cap — which, they argue, was motivated by animus. This article considers several possible rationales for a challenge — intergovernmental tax immunity, political animus in general, the uniformity rule, and equal protection — and concludes that the case for overturning the cap on constitutional grounds is weak at best.
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