Suing on the basis that full state and local taxes have been fully deductable since the very beginning of the federal income tax more than 100 years ago.
The tax code has changed so many times, in many ways, since the income tax was established. Just because these state and local taxes were always fully deductible, doesn’t mean that the law can’t be changed.
At one time, credit card interest was fully deductible. Then it was phased out.
I’m sure there have been other changes to the tax code others could cite, which resulted in “winners and losers” so to speak.
The point being, how in the heck, can there be a federal lawsuit over the legality of Congress changing the tax law? How in the heck, can Cuomo and company, claim that somehow this is a violation of constitutional rights? That’s what this involves in federal court; that somehow rights are violated by the change in the tax law.
Can they really claim this is a bill of attainder somehow? That would be a stretch, because this law has not singled out New York state or any other place. It places a cap on how much in state and local taxes can be deducted, affecting everyone nationwide, regardless of what state they live in. This new law applies to us all equally, so good luck with some argument about equal protection under the 14th amendment.
It only takes one judge...
They won’t have a leg to stand on when it gets to SCOTUS, but some Liberal circuit judge will no doubt take the opportunity to try and hamstring Trump.
Great points. Here’s another, how can they use the “it’s been this way forever argument” when Congress has to pass an extension every few years so I can deduct my state sales taxes, because my state doesn’t have an income tax.