Article:
Herwig
J. Schlunk, Little Boxes: Can Optimal Commodity Tax
Methodology Save the Debt-Equity Distinction?, 80
TEXAS L. REV. 859 (2002).
Abstract:
Income-tax
law frequently taxes economically similar items in very
different ways. A frequent justification for such policy relies
on the theory of optimal commodity taxation, which essentially
involves drawing distinctions to maximize social welfare.
Professor Schlunk argues that tax lines should be
eliminated where possible.
Specifically, Schlunk maintains that optimal commodity
tax theory does not justify income-tax distinctions subject to
financial innovations such as hybridization and arbitrage that
allow taxpayers to effectively exploit the inconsistency.
Schlunk argues that in these situations, the strongest
approach is simply to eliminate the inconsistent tax treatment.