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Opponents Ask Court to Invalidate Washington Capital Gains Tax

Dec. 9, 2021, 8:37 PM

A Washington state trial court judge will decide in February whether to grant a request to invalidate a new capital gains excise tax as unconstitutional on its face.

Opponents filed a motion for summary judgment in Douglas County Superior Court this week asking Judge Brian C. Huber to rule the tax invalid without proceeding to trial. Washington residents, farmers, and business owners filed the legal challenge in May, arguing the tax violates the U.S. and Washington constitutions.

“Cognizant of the nearly century-long constitutional prohibition on graduated income taxes, the Legislature has attempted to ...