Clarence Thomas Rejects Supreme Court's 'New Invention'

Supreme Court Justices Clarence Thomas and Neil Gorsuch have broken away from the rest of the Supreme Court over a key tax guideline, with Thomas calling it an 'unsupported invention.'During the Moore v. United States case, Thomas also called the majority's Sixteenth Amendment attribution doctrine a 'new invention' in a ruling delivered today.

In general, the doctrine rules that taxpayers cannot manipulate their tax liability by giving property or other assets to a child or spouse with a lower income.'The majority justifies its creation by plucking superficially supportive phrases from an eclectic selection of tax cases,' Thomas said in his comments for the case. 'But none of the cases supports the proposition that the Sixteenth Amendment empowers Congress to freely attribute income to any taxpayer it reasonably chooses.

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