Author Topic: Judge dismisses high-tax states' lawsuit against Trump tax deduction limits  (Read 277 times)

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Offline Right_in_Virginia

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Judge dismisses high-tax states' lawsuit against Trump tax deduction limits
Fox Business, Sep 30, 2019

A federal judge handed the Trump administration a win Monday, dismissing a lawsuit from states with high taxes.

The lawsuit asked U.S. District Judge J. Paul Oetken to block the Tax Cuts and Jobs Act's limit on how much people can deduct in state and local taxes (SALT). The provision effectively raised the tax burden on citizens of high-tax states.

New York, New Jersey, Connecticut and Maryland brought the suit in July 2018, claiming the tax deduction limit was a way for the Trump administration to stick it to blue states. The judge ruled that the limit did not violate the 10th Amendment, which says that powers not delegated to the federal government in the Constitution are left to the states.

"The cap, again like every other feature of the federal Tax Code, is a part of the landscape of federal law within which states make their decisions as to how they will exercise their own sovereign tax powers," Oetken wrote.

"Because the States have failed to plausibly allege that the cap, more so than any other major federal initiative, meaningfully constrains this decision-making process, this Court has no basis for concluding that the SALT cap is unconstitutionally coercive," he continued.


More:  https://www.foxbusiness.com/money/judge-dismisses-high-tax-states-lawsuit-against-trump-tax-deduction-limits


Offline IsailedawayfromFR

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Re: Judge dismisses high-tax states' lawsuit against Trump tax deduction limits
« Reply #1 on: September 30, 2019, 10:05:36 pm »
I like this judge  "The cap, again like every other feature of the federal Tax Code, is a part of the landscape of federal law within which states make their decisions as to how they will exercise their own sovereign tax powers," Oetken wrote.

This was a law duly passed by Congress and approved by the President, not an Executive Order.

I cannot see what possible grounds exist anyway for being Unconstitutional.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline PeteS in CA

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Re: Judge dismisses high-tax states' lawsuit against Trump tax deduction limits
« Reply #2 on: September 30, 2019, 11:16:04 pm »
...
I cannot see what possible grounds exist anyway for being Unconstitutional.

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Offline bilo

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Re: Judge dismisses high-tax states' lawsuit against Trump tax deduction limits
« Reply #3 on: September 30, 2019, 11:59:38 pm »
I like this judge  "The cap, again like every other feature of the federal Tax Code, is a part of the landscape of federal law within which states make their decisions as to how they will exercise their own sovereign tax powers," Oetken wrote.

This was a law duly passed by Congress and approved by the President, not an Executive Order.

I cannot see what possible grounds exist anyway for being Unconstitutional.

I live in a high tax state, especially property taxes. I am so sick and tired of hearing liberals complain about the tax deduction limits. I think they assume I don't think it's "fair" because I get hit with it as well. However, they never have an answer when I ask, "why should a well run state subsidize us?" If we want to fix the problem we should be electing conservatives. 
A stranger in a hostile foreign land I used to call home