James Couzens, Andrew Mellon, the 'Greatest Tax Suit in the History of the World,' and Creation of the Joint Committee on Taxation and Its Staff
In early 1924, James Couzens was a Republican Senator from Michigan and reportedly the richest member of Congress. Andrew Mellon was beginning his fourth year as Secretary of the Treasury — a service that would eventually span 11 years under three Republican Administrations — and one of the wealthiest persons in the entire country. This article describes how a feud between these two men, an ensuing investigation led by Couzens of the Bureau of Internal Revenue (BIR) (predecessor to the modern-day IRS), and a tax case against Couzens that was described as the “greatest tax suit in the history of the world,” helped lead to creation of the U.S. Joint Committee on Taxation (JCT) and its staff. The events — filled with political intrigue, backstabbing (real or imagined), and unintended consequences — antagonized Congress’s relationship with the executive branch, but improved cooperation between the House and Senate, and both were instrumental in the JCT’s creation. The story also helps to explain certain of the unique characteristics of the JCT and its staff since their formation. Finally, the article describes how creation of the JCT became entangled with two of the most contentious tax issues of the day — the publicity of tax return information and the depletion allowance for oil and gas production — and played a role in changing the law in both areas. Although the feud and its aftermath were direct factors in the JCT’s creation, the development of the modern income tax during roughly its first decade was an essential ingredient. The decisions made by Congress, the Treasury, and the BIR during that period, and their later understanding (or misunderstanding) of the law and its effects, set the stage for the feud and subsequent events. Thus, in addition to detailing the largely untold story of the origins of an important Congressional committee and its staff, this article explains and analyzes key, early portions of our nation’s 100-year-old law as well as the sometimes flawed decision-making process — involving an intriguing mix of policy, politics, and personality — that helped produce this new institution of government.
The Timing of Tax Transparency
Fairness in the administration of the tax law is the subject of intense debate in the United States. As recent headlines reveal, the Internal Revenue Service has been accused of failing to enforce the tax law equitably in its review of tax-exempt status applications by political organizations, the international tax structures of multinational corporations, and the estate tax returns of millionaires, among other areas. Many have argued that greater “tax transparency” would better empower the public to hold the IRS accountable and the IRS to defend itself against accusations of malfeasance. Mandatory public disclosure of taxpayers’ tax return information is often proposed as a way to achieve greater tax transparency. Yet, in addition to concerns regarding exposure of personal and proprietary information, broad public disclosure measures pose potential threats to the taxing authority’s ability to enforce the tax law.Given the competing values of accountability and enforcement, what tax return information should be observable by the public? This Article argues that timing matters. The IRS continually engages in enforcement actions ex post, after taxpayers have pursued transactions and claimed tax positions, such as by conducting audits or settlements. But it also frequently engages in actions ex ante, before taxpayers pursue transactions and claim tax positions, by issuing advance tax rulings to and entering into agreements with specific taxpayers. While current law appears to require public disclosure of certain types of ex ante tax administration, many forms of ex ante tax administration remain concealed from public view. This Article argues that documents related to a specific taxpayer’s tax affairs that reflect ex ante tax administration should be publicly accessible as a means of accountability, but that documents that reflect ex post tax actions should remain private in order to preserve effective tax enforcement. Further, this Article proposes that the public should have access not only to ex ante tax administration actions where the taxing authority grants taxpayers’ requests, but also to those actions where the taxing authority denies such requests, even if it does so without issuing an official written determination, a concept it defines as “dual tax transparency.”The Article then applies this analysis to several types of ex ante tax administration that are currently obscured by the curtain of tax privacy: withdrawn private letter ruling requests, adverse tax-exempt determination letters and advance pricing agreements. It concludes by exploring approaches to improving the accountability of the IRS regarding its ex post tax enforcement other than public disclosure of tax return information.
Woodrow Wilson: The Essential Political Writings
Chapter 1 Preface Chapter 2 Introduction to Wilson's Political Thought Part 3 Progress and the Organic State Chapter 4 The State (chapters 1, 2, 13, 16) Chapter 5 "Christ's Army" Chapter 6 "Christian Progress" Part 7 Political Liberty and the Scope and Ends of Government Chapter 8 "Socialism and Democracy" Chapter 9 "A Calendar of Great Americans" Chapter 10 "Address on Thomas Jefferson" Chapter 11 "The Authors and Signers of the Declaration of Independence" Chapter 12 The New Freedom (chapters 1, 2) Part 13 Institutional Reform Chapter 14 "Cabinet Government in the United States" Chapter 15 Congressional Government (chapter 2 & conclusion) Chapter 16 Constitutional Government in the United States (chapters 3, 8) Chapter 17 "Wanted - A Party" Part 18 Political and Administrative Leadership Chapter 19 "Leaders of Men" Chapter 20 "The Study of Administration" Part 21 Foreign Policy Chapter 22 "War Message to Congress" Chapter 23 "Fourteen Points" Part 24 Appendix A. Chronology of Wilson's Academic Work and Other Selected Events Part 25 Appendix B. Selected Bibliography