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- Volume 82 (2006-2007)
- Volume 82, Issue 3
- A Republic of the Mind: Cognitive Biases, Fiscal Federalism, and Section 164 of the Tax Code
A Republic of the Mind: Cognitive Biases, Fiscal Federalism, and Section 164 of the Tax Code
- By Brian Galle
- Published 10/5/2007
- Volume 82, Issue 3
- Print Version (PDF):
- A Republic of the Mind.pdf
Brian Galle
A.B. Harvard, J.D. Columbia, LLM (Taxation) Georgetown. Assistant Professor, Florida State University College of Law.
View all articles by Brian GalleUnder Section 164 of the Internal Revenue Code, taxpayers are allowed to itemize and deduct the cost of their state and local taxes – income, property, and sales taxes.The accepted theory of this deduction is to effect a shift in federalism -giving more power to the states to regulate and tax.
In the article, the author argues that this deduction actually can serve an opposite purpose; rather than shifting regulation and power to the states and promoting federalism, it can actually undermine state governments. The author argues in this article that the deduction plays a large role in the way that state and local governments are structured. The author does not advocate the abolishment of Section 164, but rather a more complete understanding of how it actually functions and changes politics at the state and local levels.

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