Moore, the Sixteenth Amendment, and the Underpinnings of the Deemed Repatriation Provision

Authors

Christopher H. Hanna, Southern Methodist University, Dedman School of LawFollow

Abstract

In Moore v. United States, the U.S. Supreme Court will consider a rare Sixteenth Amendment case. On its face, the case deals with deemed repatriation, a discrete provision of the 2017 Tax Cuts and Jobs Act that included in income past accumulated earnings held abroad. This short Article seeks to contextualize the deemed repatriation provision in terms of why it was passed and how it comports with principles underlying the U.S. tax code. Drawing on firsthand experience researching and drafting the Tax Cuts and Jobs Act, the Article shows the analysis that went into enacting the provision, focusing on the traditional elements of tax reform and legislation: equity, efficiency, and simplicity.

Recommended Citation

Christopher H. Hanna, Moore, the Sixteenth Amendment, and the Underpinnings of the Deemed Repatriation Provision, 76 SMU L. Rev. F. 156 (2023)