ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Markel on Taxation of Punitive Damges

By Lawrence Solum

ADVERTISEMENTS
Dan Markel (Florida State University College of Law) has posted Overcoming Tradeoffs in the Taxation of Punitive Damages (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract:
    As explained in a companion piece (Taxing Punitive Damages, co-authored with Gregg Polsky, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1421879), there is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will best ?punish? the defendant. But, in fact, business defendants are not always punished to the degree that the jury intends. This is because jurors do not take into account the fact that these businesses are allowed to deduct their punitive damages awards. To solve this problem, President Obama recently proposed to make all punitive damages nondeductible, a proposal that has in the past been supported by a number of policymakers and academics. Unfortunately, the nondeductibility rule is doomed to fail in practice.

    Instead, the under-punishment problem is better solved through making juries and courts aware of the tax implications of punitive damages awards. While tax awareness would better address the under-punishment problem, it would at the same time increase plaintiffs? windfalls. Sadly, there is simply no way under current punitive damages law to reduce under-punishment without simultaneously augmenting plaintiff windfalls. The tradeoff is a byproduct of the jumbled way current punitive damages law engrafts ?public law? values on a private dispute resolution system not entirely capable of effectuating those values.

    To avoid such an unfortunate tradeoff, reform of punitive damages law would be required, reforms that I have described elsewhere. To be sure, such reform is desirable for tax-independent reasons. But this Article explain how those reforms could also address these tax-specific problems. In particular, I argue that the appropriate tax treatment of tort damages should depend on the particular purpose(s) being pursued and vindicated. In this respect, the recommendations here stake out a more nuanced middle path between those scholars and policymakers touting nondeductibility for all punitive damages and those endorsing the current rule allowing a deduction for all punitive damages paid by business defendants.

Recommended.

Full post as published by Legal Theory Blog on September 08, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0135 secs (new cache)