Introduction – More on Moore – A Focus on “due process”

"The Little Red Transition Tax Book" – Everything you need to know about the 965bmandatory repatriation tax but didn't know to ask. A horrific abuse of #Americansabroad in a @citizenshiptax and #FATCA world! https://t.co/j7v1Asreek

— U.S. Transition Tax – Subpart F and #GILTI (@USTransitionTax) June 26, 2023

Much of the argument before the Supreme Court in the Moore case focused NOT on whether there was income (it was accepted that the foreign corporation had realized income). Rather the discussion was focused on “due process issues”. Specifically the issues of (1) the retroactive nature of the income and (2) the fairness of attributing the income of the foreign corporation to the U.S. shareholder.

In Part 42 and Part 49 have written about the relevance of retroactivity.

Because “due process” issues were raised in the hearing, some commentators have begun discussing the “due process” issues which are part of the Moore appeal.

What follows are links to some examples of the discussion.

Interesting podcast discussing the arguments in the Moore @USTransitionTax. At the 24 minute mark due process issues including "retroactivity" are discussed. https://t.co/TgQBzBx1Hj

— John Richardson – Counsellor for US persons abroad (@ExpatriationLaw) January 6, 2024

Interesting podcast (GeTtin’ SALTy) about the Moore @USTransitionTax argument in the Supreme Court. Recognition (starting at the 22:22 mark) that due process issues including "retroactivity" could impact the result. https://t.co/F1gyrzfyrT pic.twitter.com/VBrV6OIXqy

— John Richardson – Counsellor for US persons abroad (@ExpatriationLaw) January 7, 2024

It will be fascinating to see how “due process” factors into the decision of the Court.

Interested in Moore (pun intended) about the § 965 transition tax?

Read “The Little Red Transition Tax Book“.

John Richardson – Follow me on Twitter at @USTransitionTax