Document Type

Article

Publication Date

2-23-2009

Publication Title

State Tax Notes

Publication Title (Abbreviation)

St. Tax Notes

Volume

51

First Page

607

Last Page

609

Abstract

Modern tax statutes serve many purposes beyond simply raising revenue, and the contours of those statutes are shaped by many (and sometimes conflicting) economic, social, and political objectives. Legislatures choose a variety of structural mechanisms – including exemptions, deductions, and credits – to advance those policy goals. Sometimes those features are drafted with less than meticulous precision. Other times, business practices have evolved since enactment of the provisions. In either event, revenue agencies and courts are frequently required to interpret those provisions.

This installment of “Interpretation Matters” concerns one such principle of interpretation: The canon that exemptions, deductions, and credits are construed strictly against the taxpayer. Part I describes the canon. Part II suggests ways by which taxpayers attempt to counter it.

Rights

© 2009 Jeffrey H. Kahn

Comments

First published in State Tax Notes.

Faculty Biography

http://www.law.fsu.edu/our-faculty/profiles/johnson

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