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Law Talk With Epstein, Yoo & Senik
The Law of War
Oct 19, 2023
Professors discuss the war in Gaza, free speech on university campuses, democracy promotion in illiberal countries, disqualification clause for the 4th Amendment, American currency bills, and the debate over ethics codes for the Supreme Court.
01:03:55
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- The podcast discussed the question of whether the government can tax unrealized appreciation and its potential implications for federal taxing power.
- The effectiveness of democracy promotion was questioned, highlighting how it may lead to worse regimes in underdeveloped countries.
Deep dives
Taxing Unrealized Appreciation
The case at hand revolves around the question of whether the government can tax unrealized appreciation, that is, the increase in value of an asset that has not been sold. The implication is whether a realizable event, such as a sale, is required for taxation. The government takes a modest position, arguing that the general rule is that money in a partnership is taxable even if there is a legal dispute preventing its distribution. This position aligns with established cases from the 1930s.
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