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Conflict and Harmony in Taxation

Author(s): Roy Blough


Source: Proceedings of the American Philosophical Society, Vol. 88, No. 1, Symposium on
Taxation and the Social Structure (Jun. 16, 1944), pp. 22-28
Published by: American Philosophical Society
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CONFLICT AND HARMONY IN TAXATION

ROY BLOUGH

United States Treasury Department


(Read February 18, 1944, in the Symposium on Taxation and the Social Structure)

TAXATION is an instrument of organized so- should not be approached from only one side,
ciety. Itself a social institution or group of such as economics. Adequate consideration of
institutions in the broad sense, taxation exists for tax policy involves, in addition, ethics, law,
the service and promotion of other institutions; political science, sociology-indeed every point
in and of itself it produces no personal or social of view from which the social structure may be
utility. Accordingly, the system of taxation studied.
rests on the political, economic, and social struc- The operations of a tax system involve at least
ture and should be fitted to that structure and two levels of activity. The first level comprises
adapted to achieving the ends and objectives of all the things that happen up to and including
the society. Such adaptation does occur, al- the point where the tax is collected from the
though sometimes belatedly. Thus the general taxpayer. This includes the passage of laws,
property tax served an undeveloped agrarian their interpretation and testing by the courts,
America but decayed with the rise to dominance and their administration. The second level of
of commerce, industry, and finance. A very activity comprises the economic reactions to the
current example is presented by Soviet Russia. tax by the taxpayers. These reactions may re-
As long as Soviet Russia followed a policy of sult in the shifting of the burden from the
equality of incomes, it used the sales tax almost taxpayer and in a variety of other economic
exclusively, but in recent years, when a policy of effects. These taxpayer reactions and their
unequal incomes has been increasingly accepted, repercussions constitute the chief subject matter
the progressive income tax has been adopted. of the economics of taxation. Governmental
But taxation is no passive instrument. It policy has relatively little power over taxpayer
exerts an active force of such strength that it reactions except as economic institutions and
inevitably affects the social structure and may operations in general may be affected by the eco-
importantly alter the course of social evolution. nomic policy of the Government.
Annual wartime tax collections of 50 billion To achieve its purposes, tax policy, executed
dollars-virtually as much as the total national through governmental action, must anticipate
income during the depths of the depression- and allow for shifting and other economic effects.
cannot avoid having a major impact on social and Wide variations' exist in the effects of different
economic life. Post-war peacetime taxes will no taxes, depending on the tax and the circum-
doubt be substantially lower than wartime taxes, stances under which it is collected. Accordingly
but they can scarcely avoid being so high as to a knowledge of the economics of taxation, as well
contain an important key to the production and as of the interrelated intricacies of tax laws, is
distribution of wealth and income. The effects obviously of primary importance if desired tax
of such taxation cannot be kept neutral. The results are to be achieved. The translation of a
potency of taxation is so great that it may be and tax policy into a tax program involves what may
indeed continually is used as an instrument for be called tax engineering. Just as an electrical
mlaking changes which politically dominant engineer uses the scientific knowledge at his
groups believe should be made in the social disposal in the building of an electric motor to
structure. The first Federal revenue act, that certain specifications of size, weight, speed, horse-
of 1789, was for the promotion and protection of power, etc., so in the tax field the specialists who
industry as well as for the raising of revenue. are sometimes called "tax experts" I face the
Accordingly tax policy is not something to be
considered as a separate, independent subject. 1 The term "tax expert" is generally considered odious
It is an integral part of general social and eco- by the persons thus designated, but it is too widely used,
nomic policy. Likewise the study of tax policy especially in Congressional circles, to be ignored.

PROCEEDINGS OF TIlE AMERICAN PHILOSOPIlICAL SOCIETY, VOL. 88, NO. 1, JUNE, 1944

22

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CONFLICT AND HARMONY IN TAXATION 23

problems of designing measures and devices for CONFLICT OF INTERESTS

achieving the purposes and objectives of tax


In taxation conflicting interests are very
policy. This process of tax engineering is a vital
powerful. Evidence of the existence of tax con-
element in the design of a good tax system.
flict is inescapable to all who may observe the
Much of the failure of our tax system to carry out
intense differences of tax opinion, the contra-
tax policy effectively can be attributed to an
dictory tax programs of different groups, and
unwillingness on the part of policy-makers to
even so small an item as the amount of Washing-
allow tax experts an opportunity to perform their
ton hotel space preempted by tax lobbyists. To
functions. In candor, it must be said also that
much of the failure is due to bad tax engineering.
those in position to follow closely the policy-
making process, evidences of conflict are often
Although tax engineering is an important and
very painfully clear.
necessary part of the process of adapting the tax
system to changing conditions and points of view, The reasons for the strength of conflict in tax-
its function is to carry out, not to formulate basic ation are fairly obvious. Broadly speaking,
tax policy. The tax engineer can do nothing there is harmony of economic interests in the
until he knows the purposes which the policy- achievement of maximum production, and there
makers desire to achieve. This necessary de- is conflict of economic interests in distributing the
termination of objectvies is not a simple problem, product among those who joined forces in the
to say the least. In taxation, as in every other productive process. Taxation is part of the
field of policy, it is not possible to have all of the process of distribution-of what is commonly
good and none of the bad. Tax objectives com- referred to as secondary distribution.
pete with each other and interfere with each Conflicting interests are stronger in taxation
other. An increase in tax equity may involve than in most aspects of distribution, because in
greater complication for the taxpayers and greater taxation there is little or no relation between the
difficulty for administrators. Conversely, the amount of taxes a person pays and the amount of
simplification of taxes will almost unquestionably benefits he may derive from Government. If a
involve some loss of tax equity. Similarly, tax person is able through a change in law to transfer
equity may be in conflict with some economic part of his burden of taxation to the backs of
purpose, such as the control of inflation or the others, there is no resulting loss to him in the
promotion of industry. The weighing of these form of a reduction of governmental services.
considerations and the choice of a pattern of Moreover, the tax bargain, if it may be so desig-
objectives calculated to produce the maximum nated, is in the political field, and there are no
benefit is a major problem of policy determination. economic acts of the individual whereby he can
But the most important reason for the diffi- affect the amount of his burdens by withholding
culties of tax policy formation grows out of a goods or services from the market. This applies,
basic fact that within the social structure are of course, to the first impact of the tax; he may
harmonious interests and conflicting interests. to some extent be able to affect the subsequent
Conflict does not mean-at least not usually-a shifting and incidence of the tax; but it is in the
battle to the death, but rather a situation where political field that the conflict principally appears.
one person's gain is another person's loss, while Major conflicts of interest over tax policy arise
harmony is a situation where one person's gain primarily because persons are in different eco-
may also be another person's gain with no one the nomic positions or different geographical juris-
loser. Conflict and harmony in the social system dictions. Perhaps the most important economic
are analogous in certain respects to the forces difference is that based on the volume of wealth
operating in the solar system. If the solar or income, which is reflected in the conflict of
system is to exist, there must be forces pushing interests over the progressiveness of taxation.
the heavenly bodies apart and forces pulling them The change in three decades from the regressive
together. The gravitational forces must be Federal taxation of pre-income-tax days to the
stronger than the centrifugal forces if the planets highly progressive income taxes of today was
are not to rush madly into empty space. Like- highlighted by many struggles.
wise in the social system both conflict and har- While the emphasis in tax discussions has been
mony are inevitable, but harmony must at largely on differences in the amount of wealth or
bottom be the stronger if society is not to be income, other economic differences also give rise
reduced to anarchic chaos. to conflicts of interest over tax policy. Thus,

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24 ROY BLOUGH

there are differences in the source of income: a true public is commonly at least a majority of the
person may derive income from property alone or people, the effective public in any tax conflict is
from personal effort alone, or from various pro- this group of relatively neutral persons. The
portions of property and effort. There are differ- composition of the effective public group may
ences in the occupation and the industry from change with each succeeding tax issue.
which income is derived. Differences are like- Although no two persons are likely to have the
wise present in the forms of wealth, especially same pattern of economic and geographical in-
between tangible and intangible property. Other terests except by accident, there are degrees of
differences concern the disposition of income be- similarity and contrast. Since political power
tween consumption and savings, among various largely determines tax policy, persons with like
kinds of investments, and among various types of interests tend to form groups for the more
expenditure. effective expression of their opinions. These
Conflicts of interest in taxation arise also from groups have varying degrees of effectiveness in
geographical differences, that is, differences in the dealing with the makers of tax policy, but in
political jurisdictions in which people live. Re- general have a great advantage over persons not
sponsibility for financing the activities of govern- working through group organizations. On the
ment is divided among some 175,000 jurisdictions. geographical side, unity and conflict of interest
All persons living within any one political juris- are formally recognized in the system of repre-
diction have some interests in common which sentative government under which representation
conflict with the interests of persons in other is based on geographical districts.
jurisdictions.
HARMONY OF INTERESTS
An individual is not limited to only one interest.
He always has at the same time several kinds of The spectacular nature of conflicting interests
economic and geographical interests, each in in taxation tends to obscure the presence of
common with various other individuals. Thus a harmony of interests. Some harmonies are di-
manufacturer who has an additional income from rect and obvious. Nearly everyone prefers cer-
corporate stocks and owns his own home has cer- tainty to uncertainty and confusion in the
tain interests in common with real property amount of his taxes. Nearly everyone is bene-
owners in general, certain other interests in fited by a low cost of tax administration and low
common with manufacturers, others with owners cost of compliance.
of securities, others with the corporation in Other harmonies underlie apparent conflict or
which the stocks represent equity, and still others at any rate set limits to the conflict. For ex-
with consumers in general. He also has interests ample, a high protective tariff on manufactured
in common with other persons in the same po- products might so destroy the foreign markets of
litical jurisdictions-city, county, and state domestic farmers and diminish their purchasing
regardless of the relative economic situation of power as to affect adversely the markets of manu-
those persons. His interests and outlook are facturers with the result that manufacturers
thus not unitary; he is drawn in opposite direc- would really be better off with lower tariffs. In
tions by his competing interests. In taking an this case there is an area of conflict between
intelligently selfish stand on questions of tax farmers and manufacturers, but beyond a certain
policy, his position will depend on the evaluation point the conflict may be replaced by harmony,
that he makes of his competing interests. Rela- since both may benefit from the same policy.
tive values of these interests to him may change Another type of basic harmony is inherent in
from time to time, thus changing his attitude the concept of tax justice. Although what is
toward tax policies. just is a matter of opinion, there is a good deal of
This' conflict within each individual prevents agreement over large areas. Justice is a moral
the tax struggle from being a clear-cut fight with end or objective, and its violation outrages the
every person permanently lined up on one side or moral sense of people. Moreover, good will
another. In many kinds of tax questions, the among various groups in society is necessary to
balance of interests will be so close that a large the effective functioning of economic organiza-
number of individuals will be relatively neutral. tion. Flagrant injustice in taxation destroys
This group of neutrals often holds the balance of good will and leads to destructive antagonisms.
power between conflicting groups and thus is for Taxes imposed by the political power of one
practical purposes the public. Although the group may so destroy the good will of other

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CONFLICT AND HARMONY IN TAXATION 25

groups that the harm from the resulting non- remaining groups. There need not necessarily
co-operation more than wipes out the advantage be an apparent, direct clash between groups.
to the apparent beneficiary. Some superficial The issue is perhaps more likely to take the form
advantages that an individual or group might of one group demanding that its taxes be lowered
obtain by political force always must be sacrificed or not raised, as the case may be. Representa-
in order that there may be peaceful and orderly tives of such a group commonly say they have no
political, social, and economic relations through desire to increase the tax burdens of anyone else.
which greater advantage for all may be secured. This is no doubt often true. Nevertheless the
Still another kind of harmony is based on the tax burdens on others must be raised, eventually
interest which the members of a group seek not if not immediiately, to the extent that the burdens
each for himself but each for the whole group. of the particular group are lowered. This con-
Such group loyalties or common interests usually clusion rests on simple arithmetic, but if it were
arise when the group is in conflict or in competi- appreciated fully, there would be fewer cases of
tion with other groups, and the loyalties tend to especially favorable treatment in the tax law.
disappear in the absence of such conflicts or The apparent tax issue is not necessarily the
competition. For the nation as a whole this real one. For example, the total amount of
kind of harmony in taxation has proved difficult taxes to be raised is an important issue which
to achieve even during time of war when national often conceals more basic issues. Thus, high
unity is greatest. taxes are often opposed when the real issue is
the volume of governmental expenditures. This
CONFLICT, HARMONY, AND TAX ISSUES
appears to have been an important factor in the
Problems of forming tax policy take the form attitude of the Congress towards the recent pro-
of tax issues. A tax issue involves choosing posals for more than 10 billion dollars of new
among alternative courses of action with regard taxes. The issue of the volume of taxes may
to any of a large variety of tax questions such as also conceal basic conflicts of interests over such
the total amount of taxes; the types of taxes to apparently extraneous matters as the desirability
be employed, the relative emphasis on each type, of inflationary price rises or other economic
rate schedules, and exemptions, as well as per- effects which might come from higher or lower
centage depletion, basis for gain and loss, in- taxes.
vested capital credit, contemplation of death, The issue of the proper use of the taxing power
pay-as-you-go, floor-stocks tax, definition of also commonly conceals some other issue. An
proof gallon, powers of appointment, withholding examination of the circumstances under which
certificate, post-war credit for the Victory tax, various groups oppose the use of the taxing
carryback of losses, and many other technical power for other than revenue purposes makes one
matters. justifiably suspicious of arguments in this field.
The absence of a tax issue in a certain area does Many such opponents are undoubtedly sincere
not necessarily mean that no conflict of interest and not motivated by narrow self-interest. Too
is present. Tax issues do not ordinarily arise if frequently, however, the real objection to the use
the interests of a very small minority are op- of the taxing power for some social or economic
posed to those of a large majority. In such purpose is that such use would be contrary to the
a case, the decision is taken for granted and no objector's self-interest. The conflict of interest
problem is recognized. The minority feels its over the social or economic result of tax policy is
helplessness and does not even bother to raise the concealed under the guise of an objection on
issue. The possibility of favorable action may grounds of principle, the principle being that the
be so remote that they do not even think about or taxing power should not be used for any purpose
recognize their own interests. Issues come to other than revenue. When the shoe is on the
the foreground only when opposing groups are other foot, however, and the use of the taxing
of substantial size. power can be made to bring advantage to their
Tax conflicts may present themselves in vari- group, little difficulty is found by such persons in
ous forms. Two group interests may be pitted supporting the measure. Highly technical pro-
against each other, or one group interest may be visions of the tax laws may constitute important
pitted against the combined opposition of several issues in this respect, because through such
other groups, or one group may be struggling provisions, which may be entirely incompre-
against the inertia and passive resistance of the hensible to the general public, special benefits in

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26 ROY BLOUGH

form of special low rates or exemptions are fre- stances or changing opinions again raise the same
quently extended to special-interest groups. or a related issue.
Tax issues also arise where there is underlying This choosing and compromising is the main
harmony. In this case the problem is a soluble function of the politician in the best sense of the
one, at least in theory, depending for solution word. It is not a function which can be per-
only on an understanding of the facts and on the formed by tax experts or tax engineers. It
application of proper tax engineering techniques. represents at bottom a determination of what is
It is soluble because there is a one best answer to in the public interest. Only the public is in
the problem. In case a tax issue is based on position authoritatively to state its interest.
conflict, however, the issue is essentially insoluble. The people are often sadly in error as to what are
There is no one demonstrably best answer, be- their interests, but obviously no one person can
cause a good answer to one person may be a very be sure he knows what is the public interest.
bad answer to another. It will be readily agreed, no doubt, that the
private interest groups are not likely to be very
THE POLITICAL FUNCTION AND THE much interested in tax principles. They are
PUBLIC INTEREST
interested in getting what they want; the princi-
Still, there must be an answer. It is this ples they espouse are likely to fit their interests as
necessity for an answer that makes political they see them. The neutral public group, how-
action, that is, policy-making, a vital function. ever, is open to persuasion on the basis of
The function of the policy-makers is to decide principles. The interested groups often seriously
among the conflicting interests with respect to abuse tax principles in urging upon the neutral
any particular tax issue. public group the view that their interests are in
The test of good tax policy is whether it is in harmony with principles accepted by the public
the public interest. What is in the public group. For example, many crimes of tax propa-
interest is good, what is against the public interest ganda are committed in the name of the principle
is bad. Where the interests of all of the people of ability to pay.
are in harmony the public interest is easy to
determine, since it is the common interest of all. TOWARD "REASONABLE" TAXATION

Where there are conflicts of interest, however, the Because of conflicts of interest and the part
public interest is not so easy to determine. Yet they play in tax issues we cannot hope for ideal
the public interest must somehow be located in taxation. Even if there be such a thing as ideal
the maze of conflicting private interests. Where taxation in contemplation, no one is in position to
there is a clear majority of people on one side or demonstrate what an ideal system is, and the
the other, the public interest will ordinarily conflicting groups in the community certainly
correspond with the interests of the majority. would not recognize it as such. What we can
But commonly there is no clear-cut majority one hope for is "reasonable taxation."' Reasonable
way or the other. There is usually a relatively taxation is taxation which constitutes at any
neutral or indifferent group which decides the given time the nearest practicable approach to
issue and with respect to the issue represents the
the public interest. Reasonable taxes cannot be
public. The part played by the effective public made fixed and unchanging; they will not stay
group is to evaluate the claim of each directly
reasonable with the passage of time and changing
interested group and to decide the issue in the
conditions. People who lose today in their
manner that will best serve the interests of the
attempt to get tax changes which would promote
members of the effective public group or what
their interests will reopen the matter another day
they conceive the public interest to be. Since
when the circumstances seem more favorable.
this group is relatively neutral, it is in position to
Perhaps on that occasion their private interests
decide the issue fairly and with considerable
will be judged to coincide with public interest
objectivity. Each directly interested group en-
and the desired tax change will be made.
deavors to persuade the neutral public group.
The decision may be in favor of one of the
directly interested groups or it may be a compro- I Cf. John R. Commons, Institutional Economics (New
York, 1934): 805-840 (particularly 820-821). The present
mise between their demands. As the result of writer is deeply indebted to the classroom teaching and
the action of the public group an equilibrium is published works of Professor Commons with respect to
reached which will last until changing circum- the ideas discussed in this paper.

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CONFLICT AND HARMONY IN TAXATION 27

This importance of tax conflicts and the pros- ment of tax policy and the tax system rests
pect of an ever-changing tax system are very largely on making them increasingly true.
distressing to many people, which is not sur- Unfortunately, there is no secret formula for
prising. Conflicts are confusing and leave one improving the tax system; there is nothing new
without a nice solution. Conflicts tend to take on which to pin hope. The old standbys are
the form of log-rolling for special privileges and about all there are, namely, increased under-
loopholes, with a consequent erosion of the tax standing, wider dissemination of knowledge, and
base and degeneration of the tax system. A long the improvement of the political machinery. So
catalogue of failings in the tax system can be laid far as the last of these is concerned, the de-
at the door of conflicting interests. The political ficiencies of the system of representative govern-
process has frequently been distorted to serve ment in the United States have been pointed out
narrow special interests which by no stretch of many times. While there are no doubt special
the imagination could be considered the public lines of revision which might be mentioned with
interest. particular respect to taxes, time does not permit
One reaction to the problem is to minimize and the discussion of these possibilities in this paper.
ignore conflict. This, by and large, is the ap- The considerations underlying tax policy may
roach of treatises and textbooks on economicss be said to look in two directions, the past and
and public finance. Perhaps it is thought that the future. The principle of tax justice looks to
conflict is like sin, something to be kept down by the past and endeavors to levy tax burdens in
keeping the mind on the higher harmonies. accordance with the ability of people to pay such
More seriously, a tax system based on high taxes as measured by past evidence. It is be-
principles reflecting common interests and har- lielVed that makers of tax policy, however, are
mony is both intellectually and emotionally more usually more concerned about the effects taxes
satisfying than one based on conflict. Tax will have on employment, production, and the
theory based on harmony can be much more condition of the economy generally than they are
nearly "scientific." Moreover, it is through on ability to pay, although the latter is not dis-
unity that society is strengthened and through regarded. They are, at their best, interested in
conflict that it is disrupted, sometimes to the levying taxes in such a way as to contribute to
point where totalitarianism seems the only the greatest economic well-being in the future.
solution. The generalizing of this point of view into a prin-
But there is no use in glossing over the facts. ciple of taxation would mean that taxes would be
Conflict will not go away simply by being ignored; kept relatively low at those points where taxes
the only result of ignoring it is that- the evils interfere with production, and made relatively
growing out of conflict will continue to flourish, high at those points where such taxation would
the tax system will continue to be condemned, not interfere with production. Putting it an-
and the politicians will continue to be castigated. other way, taxes would in so far as possible be
The conflict is there anyway, and in many cases made to fall on social surpluses instead of on
private self-interest is going to decide tax issues. social costs. The development of such a prin-
To recognize the conflict and bring it into the ciple to the point where specific application could
open would seem the better course. Then one be made to the different tax issues as they arise
can see better whether the public interest is really for settlement would provide an invaluable tool
being achieved from conflicting private interests. for the policy-maker. The development of such
After all, if each person evaluates his own a principle depends in part on a much greater
competing interests intelligently, if each group knowledge of the effects of taxes than exists
really knows its own best interest, if the effective today. This is true even though knowledge has
public group understands the relations between outrun practice in some respects.
group interests and the public interest, and if There are many sectors of the tax field in which
the political machinery fairly and effectively further study, specific quantitative study as dis-
represents the different interests, the result tinguished from general analysis, is necessary if
should be the achievement of public interest in all the jobs of tax policy and tax engineering are to
cases. This is an imposing list of "ifs." They be done adequately. There needs to be a further
may come true but only in "never-never land." advancement of knowledge concerning the extent
They are far from being true in the United States and limits of conflicts and harmonies of interest.
today. The point is that the future improve- It is almost certain that the area of harmony is

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28 ROY BLOUGH

much larger than ordinarily appears to be the exclusively. Such a journal could make avail-
case. Continued study should narrow the range able to the public in relatively non-technical form
of conflict and reduce its intensity. This is the results of research in taxation economics.
very important if the more unfortunate effects of Such a journal could also cut across the boundary
conflict of interest are to be minimized. Further lines between economics, political science, law,
study is needed also to determine the relationship and administration-a necessary procedure since
of taxes to production, employment, and other most tax matters naturally cut across these lines.
socially desirable economic factors. Great care would have to be taken to see that
Along with this expanded economic research such a publication did not become a forum for
should go a more widespread public dissemination special interest groups to urge policies which they
of tax information. There seems to be a firm desired. Indeed, it is believed that in such a
belief by most people, even very competent journal policy recommendations should be kept
people, that they will never be able to understand to a minimum, with the major emphasis on
taxes. This is only an inferiority complex, but research.
their problem is not clarified by the many con- There may be other better ways of achieving
flicting programs which are pressed upon them, greater knowledge of the effects of taxation and
and the frequent wide divergence of opinion greater dissemination of this knowledge. Cer-
among economists has not helped the situation. tainly some changes are needed in American tax
Fortunately, not everyone has to be fully policy formation. At the risk of repetition it is
informed. We are an organized people and rely to be emphasized that the most disquieting aspect
largely on the leaders of our organizations. of taxation is the dominating role of conflicting
These leaders need to absorb as much as possible interests based too often on shortsightedness and
of the type of information which will be forth- ignorance. The tax system shows signs of de-
coming from economic research in taxation. generating into a collection of myriad provisions
Education of this kind will be helpful in dis- conferring special privileges on numerous mi-
tinguishing long-run interest from short-run nority interests. Conflict is inevitable and
interest and in recognizing private self-interest should be accepted as a necessary and desirable
which poses as public interest. Such education part of the process of arriving at a tax policy
is necessary also to lead to the broader harmony which will be in the public interest, but when
which underlies much of tax conflict and which, conflicts disrupt the social and economic struc-
if promoted, may lead to unity rather than ture, society is likely to create artificial uniting
divergence. forces and institutions, and these may be very
It is suggested that the encouragement of re- dangerous to a democratic way of life.
search and the education of the leaders of the The problem is to find ways to use tax conflicts
community call for the establishment of a journal to produce a finer tax system, one more attuned
of public finance. There is no journal devoted to to the ever-developing needs and ever-changing
the whole field of public finance and that field emphases of the social structure.

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