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6 Wm. & Mary Pol'y Rev. 1 (2014-2015)

handle is hein.journals/wamprev6 and id is 1 raw text is: 










1     WILLIAM & MARY POLICY REVIEW


TAXFAVORSFOR

PHILANTHROPY:

SHOULD OUR REPUBLIC

UNDERWRITE DE

TOCQUEVILLE'S

DEMOCRACY?

Rob   Atkinson*'

       This article critically reviews the current rationales
for the federal income tax system's favorable treatment of
philanthropy, gives those rationales a new descriptive
synthesis based on de Tocqueville's account of American
democracy, and offers a normative alternative based on
neo-classical ethical and political theory. It first identifies

* Greenspoon Marder Professor, Florida State University College of
Law.
1 I am grateful to New York University's National Center on
Philanthropy and the Law, particularly to Harvey Dale and Jill Manny,
for the opportunity to present Shades of Virtue: Measuring the
Comparative Worthiness of Charities, at NCPL's 21st annual
conference on October 29 and 30, 2009.  Alexandra Akre provided
superb research assistance.


[VOL. 6:1

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