Daniel Hemel Discusses Litigation over Treasury Capital Gain Indexing in Forbes

Treasury Capital Gain Indexing: Who Can Sue?

A couple thousand news cycles ago (July 30, 2018) a story broke about Treasury Secretary Steven Mnuchin indicating that the Treasury might allow taxpayers to consider inflation in computing capital gains, without actually, you know, asking Congress to amend the Internal Revenue Code. I'll refer you to Trump Administration Mulls a Unilateral Tax Cut for the Rich by Alan Rappeport and Jim Tankersly.

[...]

Thanks to my ruminations about standing, the one sentence that really piqued my interest in the Times story was "The move would face a near-certain court challenge." When it comes to New York Times tax coverage, don't get me started. But in this case they were on the ball. The article addresses the standing issue and points to an article. The False Promise of Presidential Indexation by Daniel Jacob Hemel of the University of Chicago and David Kamin of NYU.

Professors Hemel and Kamin suggest three possible litigants who might have standing. "Members of Congress might challenge an indexing regulation on the grounds that Treasury has deprived lawmakers of a vote on whether to adjust basis for inflation."

Read more at Forbes

Tax policy