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Abstract: 

This article includes and expands upon the analysis of the brief amicus curiae filed by the author and Sixteenth Amendment Insights, LLC in Moore v. United States (U.S. S. Ct. Docket No. 22-800) on September 6, 2023. The analysis presented supports the views of those who believe that, absent some realization event, Congress may not impose a federal individual “indirect” income tax on an individual taxpayer’s unrealized gains in respect of property held for personal use or investment purposes, and that the corresponding non-recognition of unrealized gains in respect of property owned at death is a necessary element of federal income tax law required to ensure compliance with applicable constitutional limitations on congressional taxing authority.

Keywords: direct taxes, Moore v. U.S., Eisner v. Macomber, Sixteenth Amendment, fiduciary accounting, trust accounting, unrealized gains

Affiliations:  1: Sixteenth Amendments Insights, LLC.