« Cintas FLSA Claims Centralized in California | Main | Not Dead Yet: Public Employee Wins A Free Speech Case »
August 24, 2006
Employment Law and the 16th Amendment?
Yup, you read it right. An important case, Murphy v. IRS, 05-5139 (D.C. Cir. Aug. 22, 2006), has come down from the D.C. Circuit Court of Appeals finding that the taxing of emotional distress damages awarded in an employment retaliation case under the Internal Revenue Code is unconstitutional under the 16th Amendment because such legal relief is not "income" under the Amendment.
There has been a truckload of commentary that has come out about this case, including whether because something is not income under the 16th Amendment the Congress nevertheless has power to tax the award under its other enumerated powers. Paul Caron at TaxProf has this very helpful post summarizing all the blogospheric reaction to this important case. Additionally, here is a nice summary of the case itself from Ross' Employment Law Blog.
PS
August 24, 2006 in Employment Discrimination | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d834289be753ef
Listed below are links to weblogs that reference Employment Law and the 16th Amendment?:
» Working through Tax Carnival #4 from Don't Mess With Taxes
Welcome to the Labor Day edition of the Carnival of Taxes. Since this holiday honors the efforts of those making a living, and complying with tax law is a job unto itself, it seems fitting that many of our submissions make that work-tax connection quit... [Read More]
Tracked on Sep 4, 2006 12:37:44 PM
