Mr. President, I thank my colleagues, Senator Leahy, who is the chairman of the Judiciary Committee, and Senator Grassley, who is the ranking Republican, for including in the Patent Reform Act a provision that a number of us have been working on for several years to stop the granting of tax strategy patents. The key provision contains the text of legislation that Senators Baucus, Grassley and I, as well as others, introduced earlier this year, S. 139, the Equal Access to Tax Planning Act, to end the troubling practice of persons seeking patents for tax-avoidance strategies. Issuing such patents perverts the Tax Code by granting what some could see as a government imprimatur of approval for questionable or illegal tax strategies, while at the same time penalizing taxpayers seeking to use legitimate strategies. Since 1998, when Federal courts ruled that business practices were eligible for patent protection, the Patent and Trademark Office has issued more than 130 patents for tax strategies, with more than 150 applications pending. These patents are a terrible idea for two reasons. First, they may be providing unintended support for abusive tax shelters. Some unscrupulous tax shelter promoters may claim that the patent represents an official government endorsement of their tax scheme and evidence that the scheme would withstand IRS challenge.…
Share & report
More from Mike Levin
We simply cannot allow our veterans to fall into homelessness, end up jobless, or go without the basic services that they deserve. These challenges have only been exacerbated by the COVID-19 pandemic. I am proud to lead the Johnny Isakson…
I thank the ranking member for yielding time. Mr. Chairman, I rise today to address our country's urgent need for a Supreme Court code of ethics. Over the past year, we have seen troubling reports of Justices receiving lavish gifts from…
My first amendment will strike title V of division B of this bill. Throughout this debate, I have heard my friends across the aisle argue that the bill before us today is a reasonable attempt to reform our permitting system. Unfortunately…
I thank the gentleman for yielding. Madam Speaker, the substance use disorder crisis has touched almost every American in one way or another. Too many families have felt the extraordinary pain of burying a son or daughter, a father or a…





