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The Political Economy of Double Corporate Taxation

Deborah M. Weiss
University of Texas at Austin - Center for Law, Business, and Economics

Jennifer Arlen
New York University School of Law



105 Yale Law Journal, pp. 325-391, 1995

Abstract:     
This paper examines why the United States persists in taxing corporate income twice -- once at the corporate level and again at the shareholder level. The continued imposition of double taxation is puzzling: the double tax is widely recognized as being but unfair and inefficient, and it places a substantial burden on a powerful interest group, publicly-held corporations. Nevertheless, proposals to eliminate the double tax by integrating the corporate and individual tax invariably die a quiet death. We argue that the resilience of the corporate tax is a manifestation of the most enduring source of problems in corporate law, the separation of ownership and control in publicly-held corporations. As a result of this separation, shareholders and managers often have divergent objectives: in particular, managers are more concerned with promoting new investments. Accordingly, managers do not lobby in favor of integration because it creates a windfall for old capital; rather they lobby for benefits to new capital such as Accelerated Depreciation and Investment Tax Credits. Moreover, some managers will actively oppose integration because they benefit from the retained earnings trap created in certain circumstances by the double tax.

JEL Classifications: G3, G31, G34.

Accepted Paper Series

Date posted: February 26, 2000 ; Last revised: February 26, 2000

Suggested Citation

Weiss, Deborah M. and Arlen, Jennifer, The Political Economy of Double Corporate Taxation. 105 Yale Law Journal, pp. 325-391, 1995. Available at SSRN: http://ssrn.com/abstract=214328


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Contact Information

Jennifer Arlen (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
Deborah M. Weiss
University of Texas at Austin - Center for Law, Business, and Economics ( email )
Austin, TX 78712
United States
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