United States Senate Committee on Finance Hearing on Indian Governments and the Tax Code: Maximizing Tax Incentives for Economic Development (July 22, 2008) - Statement of Erik M. Jensen
Erik M. Jensen
Case Western Reserve University School of Law
October 1, 2008
S. Hrg. 110-1075 (starting at page 66)
Case Legal Studies Research Paper No. 08-30
In this statement presented to the Senate Committee on Finance, the author makes several points: (1) potential investors in Indian country are deterred by the uncertain tax situation they would face; (2) Congress has it within its power to rationalize the taxing structure in Indian country - to lessen the extreme uncertainty attributable to multiple taxing jurisdictions and the overlay of American Indian law principles that must be applied to resolve jurisdictional disputes; (3) some special tax benefits intended to further investment in Indian country, like accelerated depreciation and the Indian employment credit, have not been fully effective because their status has been redetermined on an annual, or almost annual, basis; and, (4) given the statutory structure that now exists, the Internal Revenue Service has been justified, when deciding whether financing undertaken by American Indian nations will be eligible for tax-exempt status, in interpreting the term essential governmental function narrowly.
Number of Pages in PDF File: 9
Keywords: Indian Country, Taxation, Investment, Multiple Tax Jurisdictions, Essential Governmental Function, American Indian law, Accelerated depreciation, Indian employment credit, Economic development
JEL Classification: K20, K34, K40working papers series
Date posted: October 13, 2008 ; Last revised: October 10, 2010
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