Reparation Payments

December 30, 2011

Congress has specifically excluded from gross income payments received after January 1, 2000 by individuals who suffered Nazi persecution during World War II or by their heirs or estates. These excludable payments are also not included in any tax provision that takes into account excluded income in computing modified adjusted gross income, including the taxation of social security benefits.

In order to qualify for this special nonstatutory exclusion, the restitution or reparation payments must be received by an eligible individual (including his or her heirs or estate) who was persecuted on the basis of race, religion, physical or mental disability, or sexual orientation by Nazi Germany, any other Axis regime, or any other Nazi-controlled or Nazi-allied country.

An excludable restitution payment must meet one or more of the following requirements:

  • It is payable because of an individual's status as an eligible individual. Excludable payments include: any amounts payable by any foreign country, the United States, or any other foreign or domestic entity, or by a fund established by any such country; payments resulting from a legal action; and amounts paid under a law providing for payments or restitution of property.
  • It consists of the direct or indirect return of, or compensation or reparation for, assets stolen or hidden from, or lost to, the individual before, during, or immediately after World War II because of the persecution of the individual. This includes the insurance proceeds of any policies issued on persecuted individuals by European insurance companies immediately before and during World War II.
  • It is payable as interest on any excludable restitution or reparation payment.

Interest is excludable if it is earned by: escrow accounts or settlement funds set up pursuant to the settlement of an action entitled In re: Holocaust Victim Assets Litigation; funds created by the International Commission on Holocaust Insurance Claims as the result of an agreement between the United States and Germany; or similar funds subject to the administration of U.S. courts created to provide excludable restitution payments to eligible individuals or their heirs or estates.

If an eligible individual or his heirs or estates receives property as part of an excludable restitution payment, the basis of that property is its fair market value at the time of receipt.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

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Posted by Charles on
Your points about rtucaace cost-benefit analyses being impossible (at least outside transactions in competitive markets?) and political market failure are well taken, but they prove too much.Regarding cost-benefit analysis: No one could plausibly have quantified the costs and benefits of invading Afghanistan or passing the Clean Air Act or building the interstate highway system or recognizing intellectual property rights of a given sort we don't have enough data, we have no consensus on what values to assign to different things, and no one is smart enough to consider all the relevant facts and counterfactuals even were they known. Even serious, objective attempts to evaluate large-scale programs like these come off as extremely simplistic. Yet the relevant decisionmakers had to decide what to do in each of those scenarios, and their critics had to evaluate and critique their decisions. The decision whether to abolish all government and pray for a libertarian paradise (or a free market night watchman state, or whatever) is no different it will have costs and benefits to various individuals and no one knows with much accuracy what they'll be or how they'll balance out; so deregulation doesn't dodge your concern. The lesson is that some things are complicated and we won't always have nice clean answers yet we must decide nonetheless. Unless you want to propose a non-utilitarian moral theory that never calls for balancing As for public choice theory: Obviously voters look favorably on government programs that benefit them, but what this means is that politicians do have some incentive to come up with efficient regulatory policies. It's not as if government is never judged on the outcomes it produces. But of course these incentives are very imperfect; the point of the post was that video game subsidization is inefficient and tax loopholes created by interest groups are an unfortunate reality. When proposing any government action it is important to consider how it will play out in our interest group-stricken reality rather than in models that assume no political market failure (and I would do that if I had a specific proposal for subsidizing the music industry). Deregulation benefits some interest groups at the expense of others just as regulation does by hypothesis, everything government does and doesn't do is done or not done because some powerful actor benefits from the decision. So we aren't choosing in the abstract between big government and Ayn Rand's utopia; and if the latter existed, interest groups within it would wreck it in short order it's an incoherent ideal given the realities of human nature that underlie libertarian critiques of government. So we're just considering which politically plausible policies might be socially beneficial at the margin. I'm as doubtful as anyone of an interest group-driven government's capacity to make particularly good decisions (economic or otherwise), but I don't see any a priori reason why skepticism should be greater when the interest groups want more government than when they want less. In America today, I think we're getting many bad proposals for increased regulation and many bad proposals for decreased regulation. You have to focus on the marginal effects of any given proposal (which, as I admit, are often impossible to evaluate precisely). But perhaps this is not a very coherent expression of my views; I will try to do a better job at it sometime in the future.
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