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Should Environmental Monetary Sanctions Be Tax Deductible?

By John C Smith


Conventional wisdom assumes that environmental monetary sanctions should not be allowed as a deduction from income taxes. This Comment advances the counter-intuitive argument that under the present statutory framework, allowing some environmental monetary sanctions to be tax deductible is consistent with sound environmental policy and social values. Properly structuring sentences and settlements to be tax deductible and to keep the money local maximizes the resources that can be brought to bear in remediating the harm without diminishing the deterrent effect

Topics: Environmental Law, Tax Law
Publisher: Digital Commons @ Boston College Law School
Year: 1999
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