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No. 22-800October Term 2023Decided Jun 20, 2024

Docket 22-800October Term 2023 (2023–2024)

Moore v. United States

This case challenged the constitutionality of the Mandatory Repatriation Tax, a one-time tax on the accumulated, undistributed earnings of foreign corporations controlled by American shareholders.

Case status

Current stage
Decided
Latest event
Decision released Jun 20, 2024
Case AcceptedJun 26, 2023
Arguments HeardDec 5, 2023
Decision ReleasedJun 20, 2024
What it's about

This case challenged the constitutionality of the Mandatory Repatriation Tax, a one-time tax on the accumulated, undistributed earnings of foreign corporations controlled by American shareholders. The Court upheld the tax, ruling that Congress has the constitutional authority to attribute an entity's realized and undistributed income to its shareholders and tax them on that income.

Question presented

Does the 16th Amendment authorize Congress to tax unrealized sums without apportionment among the states?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 20, 2024

Area

Business and Regulation