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United States parliamentary sovereignty

Moore v United States

602 U.S. 572 (2024)
JurisdictionUnited States
CourtUS Supreme Court
Year2024
StatusBinding authority

Summary

The Sixteenth Amendment permits Congress to tax undistributed foreign corporate earnings attributable to US shareholders without realization, upholding the mandatory repatriation tax as constitutional.

Key Principle

Sixteenth Amendment; mandatory repatriation tax on undistributed foreign earnings constitutional; not a direct tax on unrealized income

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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