About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

6 Colum. J. Tax L. 1 (2014-2015)

handle is hein.journals/colujoutl6 and id is 1 raw text is: 







                               ARTICLES



      BREAKING THE SPELL OF TAX BUDGET
                                    MAGIC


                              Rachelle Holmes Perkins*


                                      Abstract
        To date, tax scholars have responded to the proliferation of so-called temporary
or sunset tax expenditure legislation by staking claims either for or against it, focusing
on its relative merits and shortcomings. In this Article, I argue that these positions are
analytically incomplete. Rather than address the underlying deficiencies in the budget
process that have led to the preference for temporary tax provisions, the advocacy of the
use (or non-use) of temporary provisions simply asks which type of provision will yield
the least problematic results.

        This Article seeks to help fill a gap in the literature by focusing on remedies
meant to address the source of many issues related to both temporary and permanent tax
expenditure legislation. In particular, I propose the adoption of a bundle of new budget
rules that will work as precommitment devices to restrain lawmakers from exploiting
weaknesses in the existing process. I argue that these proposed rules would still give
lawmakers the flexibility to adopt either temporary or permanent tax legislation as
appropriate. However, the proposed rules would help to decrease opportunities for
budget manipulations, impose more fiscal restraint on lawmakers, achieve greater
legislative transparency, help loosen the hold of special interest groups on lawmakers,
and enhance legislative stability.














         Assistant Professor of Law, George Mason University School of Law. The author would like to
thank the participants of the Robert A. Levy Fellows Workshop in Law & Liberty for their helpful feedback.
Research assistance from Kelli Cacciotti is gratefully acknowledged.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most