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1 Arthur P. Hall, The Cost of Unstable Tax Laws 1 (1994)

handle is hein.taxfoundation/srebxz0001 and id is 1 raw text is: FOUNDATION
October 1994
Number 41

The Cost of Unstable Tax Laws

The Internal Revenue Act of 1954 was
landmark legislation that, for the first time,
placed the income tax at the core of the fed-
eral tax system. In the 40 years since the pas-
sage of that Act, 31 significant federal tax en-
actments have taken place. On average, that
amounts to a substantial amendment to the
federal tax code every 1.3 years. Such instabil-
ity in the tax code creates economic uncer-
tainty among taxpayers, which, in turn, gener-
ates economic costs.
Table I provides a more detailed measure

Figure 1
Instability in the Federal Income Tax Code Based on Selected Code Items

3.0
2.5-

1.5
1.0
0.5
0.0

1955-1965     1966-1975     1976-1985      1986-1994

Source: Tax Foundation compilation from U.S. Code Annotated (Titled 26).

of how unstable the federal income tax code
has been since the Internal Revenue Act of
1954. It lists a sample of the core sections of
the federal income tax code (approximately
one-fifth of all sections) relating to rates of tax,
credits against tax, and base of tax for individu-
als, partnerships, and corporations doing busi-
ness both within and outside the United States.
In compiling Table 1, no attempt was made to
select code sections that have been the most
amended. Indeed, selecting only core sections
resulted in the omission of some of the most
frequently amended code sections.
Along with the number of times each of
the selected code sections have been amended
(broken down into 10-year increments), Table
I also provides an instability ratio for each
section. This ratio divides the number of times
a code section has been amended by the num-
ber of years it has existed. The higher the ra-
tio, the more unstable the code section. The
average instability ratio for the entire sample is
0.24, indicating that each section in the
sample, on average, has been amended once
for every four years it has existed within the
tax code.
Figure 1 summarizes, in 10-year incre-
ments, the average number of times the Table
I sample of income tax code sections have
been amended. It reveals that the income tax
code has become much more unstable during
the past 20 years than it was during the 20
years immediately following the 1954 Act. The
greatest instability came in the 1976 to 1985
period in which the average income tax code
section from the sample was amended almost
three times, or once every 3.3 years. Taxpay-
ers in this 10-year period witnessed the pas-
sage of seven major tax bills. Taxpayers in the
most recent period, 1986 to 1994, have wit-
nessed the passage of six major tax bills.

By Arthur P. Hall, Ph.D.
Senior Economist
Tax Foundation

I

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