Anachronisms in Subchapter K of the Internal Revenue Code: Is It Time to Part with Section 736?

35 Pages Posted: 3 Aug 2005  

Philip Postlewaite

Northwestern University Law School

Adam H. Rosenzweig

Washington University in St. Louis - School of Law

Abstract

Time has passed Section 736 by. Rather than serve its initial purpose, Section 736 survives as an anachronism preventing the coherent evolution of the Code.

How could a provision such as Section 736, with limited utility, devastating complexity, and confusing (at best) policy implications, remain in the Internal Revenue Code? How has Section 736 survived multiple calls for its repeal? A study of the evolution of Section 736 provides not only the opportunity to scrutinize the tax-making machinery that determines how and why such anachronistic imperfections come to be, but also to ponder how they can be prevented in the future.

Keywords: 736, anachronism, evolution

Suggested Citation

Postlewaite, Philip and Rosenzweig, Adam H., Anachronisms in Subchapter K of the Internal Revenue Code: Is It Time to Part with Section 736?. Northwestern University Law Review, Vol. 100, 2006. Available at SSRN: https://ssrn.com/abstract=764504

Philip Frederick Postlewaite

Northwestern University Law School ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
(312) 503-7359 (Phone)

Adam H. Rosenzweig (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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