Moore v. United States (2024)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
The Moores challenged the Mandatory Repatriation Tax (MRT) in the 2017 Tax Cuts and Jobs Act, which attributed certain accumulated, undistributed earnings of a controlled foreign corporation (CFC) to its U.S. shareholders and taxed them once. The Supreme Court upheld the MRT, holding that Congress may tax a shareholder on a pass-through basis for a business entity’s realized income—even if the shareholder did not personally receive a distribution—without violating the Apportionment Clause or exceeding the Sixteenth Amendment. The Court did not decide whether Congress may tax purely unrealized gains in other contexts.