Kaestner Fails: The Way Forward

Authors

Mitchell M. Gans, Maurice A. Deane School of Law at Hofstra UniversityFollow

Document Type

Article

Publication Title

William & Mary Business Law Review

Publication Date

2020

Abstract

This past term, the Supreme Court applied the due process clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this paper considers the options available to the states and then suggests a way forward.

Recommended Citation

Mitchell M. Gans, Kaestner Fails: The Way Forward, 11 Wm. & Mary Bus. L. Rev. 651 (2020)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1306