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1 Charles Wesley Dunn, Postwar Federal Taxation of Corporations 1 (1944)

handle is hein.tera/pstwrf0001 and id is 1 raw text is: 





    POSTWAR FEDERAL TAXATION OF
                   CORPORATIONS
                              by
                CHARLES WESLEY DUNN,
                   OF THE  NEW   YORK  BAR
          31st Annual   Address  as General  Counsel
          of  American Pharmaceutical Manufac-
          turers' Association, at Hot  Springs, Va.,
                       on June  5, 1944.
   As  the war  proceeds  toward   a successful climax-which
pray  God may   come  soon-we   must  increasingly think about
the period after it. That is why  the program  of this meeting
importantly  deals with postwar  economic  problems.
    Of these problems  the major one, of course, is a peacetime
expansion  of business in the  field of production, sufficient to
employ  our working   people at adequate  pay; and  effective to
provide  our  country  with  higher standards   of living. The
solution of this problem  deeply  concerns us  all, because our
national welfare  in the future will be basically measured   by
the degree of its solution. And a fundamental  condition to the
solution of this problem is a constructive revision of the federal
corporate  tax law. For most  production business  is organized
on  a corporate basis; and  this law now  contains serious bar-
riers (of both commission  and  omission)  against the required
peacetime  expansion  of the foregoing business.
    Therefore  I take  this occasion briefly to discuss such  a
revision of this law, for the purpose  of broadly outlining the
situation it presents.* I do so principally from the standpoint
of the income  and excess-profits taxes, levied by this law; and
in doing so I will consider the proposed constitutional amend-
ment  placing a 25%  ceiling on federal income, estate and  gift
taxes, in peacetime. I should add here that what  is said in this
address  expresses my  own  view.

                               1
    The  Sixteenth Amendment to the United States Constitu-
tion became  effective in 1913, which  broadly  empowers   Con-
gress  to tax income.  But  the first federal corporate income
* References: Report on War and Post-War Adjustment Policies, B. M. Baruch and
J. M. Hancock, to Director of War Mobilization; Production, Jobs and Taxes, H. M.
Groves, by Committee for Economic Development; Postwar Tax Policy and Business
Expansion, L. H. Kimmel, by Brookings Institution; Postwar Taxes, F. P. Huddle, by
Editorial Research Reports; The Post War Federal Tax System, Roswell Magill, by Tax
Foundation; Effect of Federal Taxes on Growing Enterprises, J. K. Butters and
J. Lintner, by Harvard Graduate School of Business Administration; Effect of the War
on the Financial Structure of the United States, J. T. Madden, by Institute of Interna-
tional Finance of New York University; Program to Aid the War Effort That Should
Make for Postwar Employment, F. I. Kent, by Post-War Planning Committee of
Commerce and Industry Association of New York; and The Economic Almanac, by
National Industrial Conference Board.

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