JOHN CURLEY

Walsh: WA Supreme Court ‘painted itself into a corner’ as income tax repeal could reverse capital gains decision

Jul 4, 2026, 6:38 AM

While there is currently an initiative to repeal the recently passed income tax in Washington, an article in The Seattle Times pointed out that if the initiative succeeds, it would automatically repeal the state’s capital gains tax.

Rep. Jim Walsh joined “The John Curley Show” on KIRO Newsradio to discuss how the state Supreme Court “painted itself into a corner” with a previous ruling and why the latest initiative to repeal the income tax is as “clean” as they come.

“This goes around the so-called Quinn ruling, the challenge of the capital gains tax a few years ago,” Walsh said. “This was the opinion that the state Supreme Court wrote that said no, capital gains is not an income tax, it’s an excise tax. They found this tricky way to say that the capital gains tax was okay under state law and the Constitution. They basically painted themselves into a corner and said if there were ever to be a state income tax, this might make us rethink everything we’re saying in the Quinn decision.

“People who don’t like the initiative and want to keep the state income tax are trying to say that the state income tax repeal initiative does multiple things. That’s not true,” Walsh said. “The initiative only does one thing, and it repeals the state income tax, signed nervously into law as quickly as he could by the current governor.”

Walsh says any fallout from a repeal is the Supreme Court’s problem to sort out

Walsh noted that any decisions made when the capital gains tax was signed are the Supreme Court’s problems to deal with going forward, if there were to be any domino effect from an income tax repeal.

“They just didn’t think there was going to be a state income tax so fast in just a few more years,” Walsh said. “I think they were nervous about the pretzel logic they used to come up with the excise tax, so they put all this sort of filigree around it. Kind of saying, ‘Well, we’re being reasonable to do this, and if you were to do X and Y and Z, it might change A and B. That’s their problem; it has nothing to do with the current initiative that people are signing and likely to vote on this November. The initiative is clean. The mess is in the Quinn decision written by the state Supreme Court.”

Watch the full discussion in the video above.

Listen to John Curley weekday afternoons from 3 – 7 p.m. on KIRO Newsradio, 97.3 FM. Subscribe to the podcast here.

John Curley on KIRO Newsradio 97.3 FM
  • listen to tom and curleyTune in to KIRO Newsradio weekdays at 3pm for The John Curley Show.

John Curley

John Curley

daycare...

John Curley Show

‘They basically pled the Fifth to us’: WA Rep. Travis Couture rips state’s response to alleged daycare fraud

Rep. Travis Couture accused state officials of dodging questions about childcare subsidy payments, arguing that taxpayers deserve investigations.

1 day ago

seattle wilson police hiring...

John Curley Show

‘We’re kind of backsliding’: Kettle cautions that Wilson’s budget flatlines Seattle police hiring

Seattle Councilmember Bob Kettle says headlines about Mayor Katie Wilson adding police are misleading and that her budget freezes SPD staffing at 1,250.

2 days ago

seattle restaurant wage...

John Curley Show

‘A recipe for disaster’: WA Hospitality CEO warns of more restaurant closures as Seattle’s minimum wage climbs again

WA Hospitality CEO warns of increased restaurant closures as Seattle's minimum wage climbs again to $22.14 an hour on Jan. 1.

2 days ago

Follow @https://twitter.com/jcurleyshow...

John Curley Show

‘What a total waste of money!’ Curley blasts Sound Transit’s $240M Pinehurst Station

KIRO Newsradio host John Curley criticized Sound Transit’s new Pinehurst Station, arguing the cost doesn't justify another light rail in North Seattle.

2 days ago

natural gas vote initiative 2066...

John Curley Show

‘Put a bow on the thing’: Curley wants coverage of dismissed complaint against Brandi Kruse

New WA initiative by Let's Go Washington seeks transparency for courts under Public Records Act.

2 days ago

mariners rick rizzs...

John Curley Show

‘As long as you’re respectful’: Rick Rizzs lets Curley tell the Detroit story that brought him back to the Mariners

John Curley tells the story of Rick Rizzs replacing Ernie Harwell in Detroit, from the angry fans and columnists to a whispered apology years later.

3 days ago

Walsh: WA Supreme Court ‘painted itself into a corner’ as income tax repeal could reverse capital gains decision