SEATTLE NEWS ARCHIVES & FEATURES

Seattle income tax may not make it to Supreme Court

Nov 28, 2017, 5:23 AM

income tax...

(AP Photo/Mark Lennihan, File)

(AP Photo/Mark Lennihan, File)

A ruling by a King County court judge last week against the City of Seattle’s income tax may have been expected, but that doesn’t mean it’s not a setback.

RELATED: Seattle’s tax loses in King County court

Jason Mercier, the Director of the Center for Government Reform at the Washington Policy Center, spoke with KIRO Radio’s Dori Monson to weigh in on Judge John Ruhl’s decision.

“When you consider state law and prior court precedent, the ruling did not come as a surprise,” Mercier said.

Seattle’s goal from the beginning has been to take the tax all the way up to the state Supreme Court. Nonetheless, Mercier called the court decision “devastating” for the city.

“Because it’s prohibited by state law, [Judge Ruhl] didn’t even address the constitutional issues that Seattle was trying to raise to see if it could get the Supreme Court to try to overturn 80 years of case law,” he said. “There’s a slight chance that it might not get to the Supreme Court.”

If the city appeals the decision as many expect it to, Mercier said, the Appeals Court could rule unanimously to uphold Judge Ruhl’s original ruling. In that case, it is possible that the state Supreme Court would let the Appeals Court decision stand.

Mercier does not disagree with the idea that the Constitution is a living document, one that can be changed as society changes.

“The voters are supposed to do that,” he said.

But not the courts, he argues, and Seattle voters have not been willing to approve constitutional amendments relating to an income tax in the past.

In the last century, Seattleites have voted 11 times on the issue of an income tax, and have nearly always chosen against it. Most recently, voters rejected initiative 1098 in 2010. The last time an income tax initiative was approved was in 1932. That measure was later thrown out by Washington’s Supreme Court in 1933.

“We consistently reject proposed constitutional amendments to allow a graduated income tax,” Mercier said.

If Seattle is able to pass the income tax, some fear that other cities across the state will follow.

“That’s not a speculative concern,” Mercier said. “This is all about bringing an income tax to every city in the state.”

One of the city’s arguments for the income tax is that it isn’t actually an income tax, but an excise tax. Another argument is that it is simply a tax on the privilege of living in Seattle.

“If you don’t like that you can move to Bellevue,” Mercier explained.

Mercier also discussed how the income tax ruling might affect the possibility of a future state capital gains tax. A capital gains tax, something that was initially included in Governor Inslee’s proposed budget for 2017-2019, is a tax on profit gained from the sale of a property or an investment.

“Even though we have heard Governor Inslee say that he does not support an income tax, and even though we have heard many in the Legislature say they do not support an income tax, they say, ‘Well, we do want a capital gains tax,’” Mercier said. “It’s the same thing.”

“The fact that you are required to report your income tax to the state should be a pretty clear indication on what type of tax it is.”

The continuing litigation relating to the income tax will cost the city money, Mercier said. “Not counting their in-staff attorneys, they have an outside contract with outside counsel for $250,000.”

This combination photo shows Rebecca Bennett, a Democrat candidate for New Jersey's 7th Congression...

Associated Press

Kean returned to Congress after an unexplained absence. Now it’s time for his first and only debate

Tom Kean Jr., the Republican congressman from New Jersey whose four-month absence from the House this year went unexplained until he disclosed that he was being treated for depression, and Democrat Rebecca Bennett are readying for the first and only campaign debate Sunday night in their closely contested race. The approval rating is deeply underwater […]

4 minutes ago

Sen. Susan Collins, R-Maine, questions Dr. Heidi Overton during her nomination hearing to become th...

Associated Press

Supreme Court vote shadows Maine Sen. Susan Collins in her first bid after abortion rights decision

GORHAM, Maine (AP) — For years, Planned Parenthood’s endorsement of Susan Collins was enough to persuade Erin Evans to vote for Maine’s longtime U.S. senator, believing that the moderate Republican would protect abortion access. Evans is now “just furious with myself” for those votes. The 56-year-old from Portland described Collins’ critical vote to confirm Brett […]

8 minutes ago

This photo taken with a smartphone shows a partial rainbow arching over boats docked in a harbor in...

Associated Press

‘Lower 48’ is a phrase to fight over in Alaska. It’s a fixture in the state’s US Senate contest

JUNEAU, Alaska (AP) — One of the most biting insults in Alaska politics is to be accused of being aligned with the “Lower 48,” code for candidates taking marching orders from powerful forces in the contiguous United States rather than sticking up for Alaskans. It’s a central theme of the Alaska’s U.S. Senate race, one […]

13 minutes ago

Sam Altman, CEO of OpenAI, listens during a Security Council meeting on artificial intelligence at ...

Associated Press

Anthropic and OpenAI sound the alarm on AI safety — and seek to shape how it’s controlled

SAN FRANCISCO (AP) — As tech titans warned an AI-weary world that their own advanced systems could endanger humanity, the question emerged: What do they have to gain? The answer may lie in the companies’ efforts to score political goals ahead of the U.S. midterm elections and the money top artificial intelligence labs and their […]

39 minutes ago

Associated Press

Sea level rise is reshaping a California beach town and threatening a key rail line

SAN CLEMENTE, Calif. (AP) — For years, residents of this Southern California beach town could walk a mile along a stretch of cream-colored sand and dip their toes in the waves lapping ashore. That trip has been cut short. Coastal erosion has been eating away at the beach in San Clemente, known for nearly a […]

2 hours ago

Associated Press

2 giant pandas set off to Atlanta zoo from China after Xi-Trump summit

BANGKOK (AP) — Two giant pandas departed Chengdu in southwestern China early Sunday for their new homes in Atlanta as part of an agreement between the Chinese and American governments. While in Washington for a three-day summit with U.S. President Donald Trump, Chinese President Xi Jinping announced that the pandas would arrive in Atlanta in […]

7 hours ago

Seattle income tax may not make it to Supreme Court