Supreme Court Decision Harms Small Businesses by Expanding Taxing Power

Date: June 20, 2024

Moore v. U.S. concerns the Sixteenth Amendment and Congress’ taxing power

WASHINGTON, D.C. (June 20, 2024) – NFIB is discouraged by today’s U.S. Supreme Court decision in the case Moore v. United States. The Court upheld the Ninth Circuit’s ruling that broadened the scope of “income” to include unrealized appreciation of property, which will result in an increased tax on small businesses. NFIB filed an amicus brief in the case with the Buckeye Institute.

“Small businesses will financially feel the consequences of this Supreme Court’s decision,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “By going against precedent and allowing ‘income’ to include unrealized gains, the decision will have a devastating impact on Main Street. We are disappointed in today’s ruling.”

NFIB’s amicus brief argued two main points: 1) the Court of Appeal’s decision is erroneous and displaces settled constitutional limits on federal taxation, and 2) the Mandatory Repatriation Tax is severable from the remainder of the Tax Cuts and Jobs Act.

The Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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