Andy Weiner was quoted in a Law360 article titled “Tax Profs Urge Justices to Uphold Repatriation Levy” on October 20, 2023. The Supreme Court will hear a challenge to the transition tax under Internal Revenue Code Section 965 in the case Charles G. Moore et al. v. United States (No. 22-800). Kostelanetz LLP has filed an amicus brief in the case on behalf of Professors Reuven Avi-Yonah, Clinton Wallace, and Bret Wells.
The article notes:
Andrew Weiner of Kostelanetz LLP, counsel for the professors, told Law360 on Friday that the brief explains how exceptions to realization are essential to fulfilling the purpose of the 16th Amendment. That purpose is to allow Congress to tax income “from whatever source derived,” he said, quoting the amendment’s text.
“Tax planning and market innovations can manipulate realization,” Weiner said. “In order to maintain a fair and progressive income tax, Congress needs to be able to respond with carefully calibrated exceptions to realization, as it has many times.”