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Old Study, Same Bad Conclusions

A decade ago, Treasury published a paper on effective tax rates that was worth a hard look. As our write-up showed, the headlines generated by the paper were not justified by its actual findings.

We’re republishing that response today because the original Treasury paper is back in the news – it’s cited in a recent NYU-Hamilton paper on pass-through businesses and two of its authors also co-authored the “Everywhere Millionaire,” a book which – as we explained the other day – is generating similarly misguided news coverage today.

Here’s what we wrote in 2015.


New Treasury Effective Rate …

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2026-10-09T19:08:35+00:00October 9, 2026|

You’re Going the Wrong Way!

A new Tax Notes piece from University of Michigan law professor Reuven Avi-Yonah raises an important question about proposals to force large private businesses to become C corporations: What exactly are we trying to accomplish here? As Avi-Yonah notes:

This fiscal illusion [that corporations bear the cost of the entity-level corporate tax] allows politicians to raise taxes without justifying increases to the voters who pay them. That lack of accountability violates the principle of no taxation without representation, a foundational concept found in the Declaration of Independence and underpinning the Constitution’s origination clause.20

Given the corporate tax’s complexity and the …

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2026-10-08T21:09:08+00:00October 8, 2026|

SCOTUS Punts on CTA Challenge

The Supreme Court today declined to hear two challenges to the Corporate Transparency Act, including NSBA v. Bessent, leaving in place an Eleventh Circuit ruling that upheld the law last year. The Court also denied review in Texas Top Cop Shop v. Blanche. S-Corp had backed both challenges, and earlier this year helped lead a broad Main Street coalition urging SCOTUS to take them up.

Today’s news is unfortunate, but the fight over the CTA is far from finished. Numerous legal challenges to the law remain pending, meaning the constitutional questions surrounding the CTA are likely to make …

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2026-10-05T20:52:36+00:00October 5, 2026|

Latest on Section 68

With Congress home for the elections, the opportunity for tax policy wins shifts to Treasury and the regulatory process. Here’s some good news on that front — Treasury’s Priority Guidance Plan unveiled this week highlights their plan to clarify the Section 68 haircut and its application to deductions particular to trusts and estates.

To recap, the new Section 68 contains a potential tax trap for trusts and estates that own S corporation shares and other assets. Our earlier piece included more detail on how we got here, but the bottom line is simple: if Section 68 applies to the …

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2026-10-01T20:53:33+00:00October 1, 2026|

CRS Exposes the Parity Gap

A new report from the Congressional Research Service (CRS) puts fresh numbers behind a point we’ve made for a decade: Section 199A is essential to keeping pass-through businesses competitive with their C corporation counterparts.

The report examines the effects of increasing the Section 199A deduction from its current 20 percent to 25 percent, which was floated as part of last year’s tax bill debate. CRS modeled that proposal to see how it would affect marginal effective tax rates on new business investment. Their chart shows the results:

As noted, Marginal …

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2026-09-29T16:39:30+00:00September 29, 2026|