Taxation, 2011 Bar — Question 46

MULTIPLE CHOICE

The power to tax is the power to destroy. Is this always so? (A) No. The Executive Branch may decide not to enforce a tax law which it believes to be confiscatory. (B) Yes. The tax collectors should enforce a tax law even if it results to the destruction of the property rights of a taxpayer. (C) Yes. Tax laws should always be enforced because without taxes the very existence of the State is endangered. (D) No. The Supreme Court may nullify a tax law, hence, property rights are not affected.

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