Brian Galle
A.B. Harvard, J.D. Columbia, LLM (Taxation)
Georgetown. Assistant Professor, Florida State University College of Law.
Articles by this Author
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
Under 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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