12/05/2023

SCOTUS Wary of Upending Tax on Americans' Foreign Earnings

Several Democratic lawmakers also encourage Justice Alito to recuse himself from the case

On Tuesday, justices on the Supreme Court of the United States (SCOTUS) appeared hesitant to upend a tax on Americans who have invested in certain foreign corporations, as they pondered the meaning of "income" in a case that could undermine efforts by some Democratic lawmakers to impose a wealth tax on the very rich.

The justices heard arguments in an appeal by Charles and Kathleen Moore - a retired couple from Redmond, Washington - of a lower court's decision rejecting their challenge to the tax on foreign company earnings, even though those profits have not been distributed to shareholders.

The case also has drawn attention because some Democratic lawmakers had urged Justice Samuel Alito to recuse himself because of his ties to one of the lawyers for the plaintiffs. Alito refused.

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