Washington

Eisner v. Macomber in Washington Law

How Eisner v. Macomber applies in Washington: state-specific rules, key cases, and bar exam notes for Tax Law.

State Approach

Washington follows the principles established in Eisner v. Macomber regarding the taxation of income and the definition of income. The state courts uphold the distinction between realized gains and unrealized appreciation, ensuring that only income truly reached or received by taxpayer is subject to taxation.

State Rule
In Washington, income is only taxable when it has been realized and is not merely on paper gains. This aligns with the federal principle that emphasizes the need for a taxable event.
Significant State Cases

Department of Revenue v. Scott

The Washington Supreme Court affirmed that taxation of unrealized gains is unconstitutional, echoing the principles of Eisner v. Macomber.

Mason v. Department of Revenue

The court ruled that income must be measured based on actual transactions and not mere appreciation in value.

Weyerhaeuser Co. v. Department of Revenue

The case reinforces the distinction between corporate profit and individual income for taxation purposes, consistent with Eisner.

Comparison to Federal Law

Washington's approach to the principles from Eisner v. Macomber closely mirrors the federal standard concerning income taxation, particularly in terms of the realization requirement. However, Washington has further emphasized restrictions against taxing unrealized gains, providing additional protections under state law.

Bar Exam Note

Eisner v. Macomber's principles about income taxation and realization events are relevant for Washington bar exam questions focusing on tax law and constitutional issues surrounding taxation.

Practice Pointers
  • Always distinguish between realized and unrealized gains when advising clients on tax implications.
  • Ensure compliance with state laws that align with the realization principle established in Eisner.
  • Monitor significant state cases that may affect tax law interpretations in Washington.

Master State-Specific Law with Briefly

Get AI-powered state case analyses, bar exam prep, and comprehensive study tools.