A case before the US Supreme Court, Moore v. United States, is an effort to kill a 2017 tax on foreign investments. The plaintiff’s conservative lawyers have based their case on fictional claims in hopes the court will protect the rich from any future wealth taxes.
Charles and Kathleen Moore, a married couple, own a stake in an Indian farm equipment business. Their lawyers claim they’re minority shareholders who haven’t received any payments from the company, so it’s unconstitutional to tax their shares since they haven’t been cashed out for personal profit yet.
But wait. Lead plaintiff Charles Moore served as board director for five years. He told the courts he only invested $40,000 in this company but actually invested $150,000. He also loaned the company $245,000, which was paid back with interest. He traveled to India to oversee the company’s operations and received $14,000 in travel reimbursements. When the new law was coming into effect, he worked with the company’s founder to try to lower his stake so that he wouldn’t face the tax. To do so, he sold 521,000 shares of the company in August and September 2019 for a capital gain not disclosed in his court filings.
Of course, imaginary case facts haven’t stopped this Supreme Court from deciding for conservative plaintiffs in the past.
To outlaw all wealth taxes, “Originalist” justices would need to turn a blind eye to history. A 1796 wealth tax was upheld by that Founders’ era Supreme Court.
More:
“Oops! The Supreme Court Heard Another Case Built on Shameless Lies.” Dahlia Lithwick and Mark Joseph Stern, Slate
“The Supreme Court Takes On Yet Another Made-Up Controversy,” Conor Clarke, The Atlantic
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