Jonathan Oberman, a professor who trains public defenders at Cardozo Law School, also scoffs at Vance’s reasoning. “There are conflicting stories from a witness?” he says. “Okay — then just apply the same standard to poor and low-income people and let them derive the same benefit.”
April 13, 2018 - Professor Ed Zelinsky comments in Law360 on the Supreme Court case considering whether $13.3 million in stock options are taxable compensation under the Railroad Retirement Tax Act.
“Most of us would agree that if you were writing the statute today, stock options would be included in compensation, and the question is to what extent you should read the statute with a little more liberality and a little more flexibility,” he said. “Or the alternative is that money is money, and if you or the IRS don’t like that, go to Congress and get the statute changed.”