“Appropriate and Necessary” Is Whatever We Say It Is

The Supreme Court has recently heard oral arguments in Michigan vs. EPA challenging regulations slashing mercury emissions from fossil-fuel power plants. However, the central issue was not, as commonly represented, preventing harm from mercury. The central issue is the use of mercury as a bait-and-switch excuse for more stringent restrictions on fine particulate emissions.

4. The Incidence and Effects of Taxation Part II: Taxes on Accumulated Capital

In a sense, all taxes are taxes on capital. In order to pay a tax, a man must save the money. This is a universal rule. If the saving took place in advance, then the tax reduces the capital invested in the society. If the saving did not take place in advance, then we may say that the tax reduced potential saving. Potential saving is hardly the same as accumulated capital, however, and we may therefore consider a tax on current income as separate from a tax on capital.

A. Taxation on Gratuitous Transfers: Bequests and Gifts

The receipt of gifts has often been considered simple income. It should be obvious, however, that the recipient produced nothing in exchange for the money received; in fact, it is not an income from current production at all, but a transfer of ownership of accumulated capital. Any tax on the receipt of gifts, then, is a tax on capital. This is particularly true of inheritances, where the aggregation of capital is shifted to an heir, and the gift clearly does not come from current income. An inheritance tax, therefore, is a pure tax on capital.

D. Particular Forms of Income Taxation

(1) Taxes on Wages

B. Partial Excise Taxes: Other Production Taxes

The partial excise tax is a sales tax levied on some, rather than all, commodities. The chief distinction between this and the general sales tax is that the latter does not, in itself, distort productive allocations on the market, since a tax is levied proportionately on the sale of all final products. A partial excise, on the other hand, penalizes certain lines of production. The general sales tax, of course, distorts market allocations insofar as government expenditures from the proceeds differ in structure from private demands in the absence of the tax.