Kaestner Fails: The Way Forward

Forthcoming 11 William & Mary Business Law Review __ (2020)

Hofstra Univ. Legal Studies Research Paper No. 2019-10

32 Pages Posted: 13 Sep 2019 Last revised: 3 Dec 2019

See all articles by Mitchell M. Gans

Mitchell M. Gans

Hofstra University - School of Law

Date Written: September 12, 2019

Abstract

This past term, the Supreme Court applied the due process clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this paper considers the options available to the states and then suggests a way forward.

JEL Classification: K34, K10, K11, K36, K19

Suggested Citation

Gans, Mitchell M., Kaestner Fails: The Way Forward (September 12, 2019). Forthcoming 11 William & Mary Business Law Review __ (2020), Hofstra Univ. Legal Studies Research Paper No. 2019-10, Available at SSRN: https://ssrn.com/abstract=3452621

Mitchell M. Gans (Contact Author)

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
(516) 463-5876 (Phone)

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