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It is important to bear in mind that the benefits at issue are quite limited.
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Our prior decisions have rejected the relevance of the majority's formalistic distinction between tax deductions and the tax benefit at issue in Nyquist.
The Establishment Clause's historic purposes do not encompass the sort of attenuated financial benefit that eventually flows to parochial schools from the neutrally available tax benefit at issue.
The benefit at issue in this case arises in part because §108(d)(7)(A) permits the exclusion of discharge of indebtedness income from gross income for an insolvent S corporation even when the S corporation shareholder is personally solvent.
The historic purposes of the Clause simply do not encompass the sort of attenuated financial benefit, ultimately controlled by the private choices of individual parents, that eventually flows to parochial schools from the neutrally available tax benefit at issue in this case.
AT issue are conversions of defined-benefit plans to cash-balance plans.
I choose "at issue" deliberately.
Multiple aspects of the unemployment benefit system are at issue, including the short- and long-term effects of the system and the appropriate balance of efficiency and equity considerations.1 In particular, the efficiency properties of unemployment benefits, in terms of employment stability, are theoretically ambiguous.
To provide a priority for fringe benefits of the kind at issue in Embassy Restaurant and Joint Industry Bd., Congress added what is now §507(a)(5) when it amended the Bankruptcy Act in 1978.
In my view, this principle of neutrality forbids not only the tax benefits struck down in Committee for Public Education v. Nyquist, 413 U.S. 756 (1973), but any tax benefit, including the tax deduction at issue here, which subsidizes tuition payments to sectarian schools.
At issue are defined-benefit pensions, the type in which employers set aside money years in advance to pay workers a predetermined monthly stipend from retirement until death.
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