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Transcripts for CNN New Day With John Berman and Brianna Keilar 20211027 10:23:00

you can t have an income tax. that s not constitutional under article 1. congress responded before world war i by passing the 16th amendment which said you can have an income tax. but the question is, is taxing unrealized gains, even on very, very wealthy people. this of course would only apply to people with great many assets, is that income, is that covered by the 16th amendment? i don t think anyone knows for sure. now we have a conservative court not favorably disposed toward the biden administration. so the question is would the supreme court uphold a tax on unrealized capital gains under the 16th amendment. i don t pretend to know the answer to that question at this point. but it is certainly a legitimate issue to be explored before this tax is passed, if it s passed at

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