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1 Arhur P. Hall, The Compliance Costs and Regulatory Burden Imposed by the Federal Tax Laws 1 (1995)

handle is hein.taxfoundation/taxfaayc0001 and id is 1 raw text is: TAX    ION
FOUNDATION

January 1995

The Compliance Costs and Regulatory Burden
Imposed by the Federal Tax Laws
House Ways & Means Committee Testimony

The following testimony was presented
by Dr. Hall to the Subcommittee on Oversight
of the House Ways & Means Committee on
December 9, 1994.
The cost of complying with a tax system is
directly related to the complexity of the
system. In terms of complexity, it is fair to say
that an income tax - the core of the U.S.
government's tax system - ranks among the
top of the tax systems currently in operation
around the world. Ironically, the term
income itself accounts for the inherent

Since then, the income tax has grown
from representing about 41 percent of
the entire tax code (in terms of the
estimated number of words) to
representing about 60 percent of the
entire tax code in 1994, a 19 percentage
point increase.

complexity. Income, particularly business and
investment income, is tricky to define, and
has, therefore, always added excess
complexity to our tax system.
I have discovered complaints about the
complexity of the federal income tax system
that date back to 1914, the year immediately

following the adoption the 16th Amendment
to the Constitution which authorized the
income tax. Indeed, the 1927 Report of the
joint Committee on Internal Revenue Taxation
(Vol. 1, p. 5) states that: It must be
recognized that while a degree of
simplification is possible, a simple income tax
for complex business is not.
Growth and Instability of the
Income Tax Code
Despite decades of concern over its undue
complexity, the income tax was formally
placed at the core of the federal tax system by
the Internal Revenue Act of 1954. Since then,
the income tax has grown from representing
about 41 percent of the entire tax code (in
terms of the estimated number of words) to
representing about 60 percent of the entire
tax code in 1994, a 19 percentage point
increase. The volume of income tax
regulations has grown even more. In 1954,
income tax regulations represented 55
percent of the body of tax code regulations.
In 1994, that figure has grown to 83 percent, a
28 percentage point increase.
Tax law complexity is almost wholly
related to tax base questions - that is,
questions or uncertainty about the timing or
definition of taxable transactions. The
inherent complexity of an income tax results
from the difficulty of defining income and
determining when to recognize income and
expense for tax purposes. Over time, the
political process of give and take has made
these difficult tax base questions inordinately

By Arthur P. Hall
Senior Economist
Tax Foundation

361

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