IDEAS home Printed from https://ideas.repec.org/a/eee/irlaec/v29y2009i1p1-7.html
   My bibliography  Save this article

Deterrence and tax treatment of monetary sanctions and litigation costs

Author

Listed:
  • Nussim, Jacob
  • Tabbach, Avraham D.

Abstract

The tax treatment of monetary sanctions and litigation expenditures varies across legal jurisdictions and time. The effects of these different tax regimes - particularly, on crime deterrence - have not been fully explored. Instead, legal intuitions in court decisions and legislative reforms are found. This paper explores the effects of these tax regimes. It shows that our common intuitions are sometimes misguided, since we tend to ignore cross-effects between crime and litigation. For example, contrary to commonly held views, it is shown that non-deductibility of monetary sanctions may increase the level of crime, if litigation expenses are deductible. In addition, if deductibility of legal expenses depends only on a successful trial outcome, this may also increase amounts spent on litigation and time allocated to crime. As this paper shows, however, a complete deductibility regime, under which both monetary sanctions and litigation expenditures are deductible, maintains the pre-tax levels of crime and litigation expenditures for risk-neutral offenders. The paper further explores the effects of different tax reforms.

Suggested Citation

  • Nussim, Jacob & Tabbach, Avraham D., 2009. "Deterrence and tax treatment of monetary sanctions and litigation costs," International Review of Law and Economics, Elsevier, vol. 29(1), pages 1-7, March.
    • Handle: RePEc:eee:irlaec:v:29:y:2009:i:1:p:1-7
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0144-8188(08)00002-1
    Download Restriction: Full text for ScienceDirect subscribers only
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Png, I. P. L. & Zolt, Eric M., 1989. "Efficient deterrence and the tax treatment of monetary sanctions," International Review of Law and Economics, Elsevier, vol. 9(2), pages 209-217, December.
    2. Hillman, Arye L. & Katz, Eliakim, 1984. "Excise taxes, import restrictions, and the allocation of time to illegal income-earning activity," International Review of Law and Economics, Elsevier, vol. 4(2), pages 213-222, December.
    3. Ehrlich, Isaac, 1973. "Participation in Illegitimate Activities: A Theoretical and Empirical Investigation," Journal of Political Economy, University of Chicago Press, vol. 81(3), pages 521-565, May-June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Tabbach Avraham D., 2013. "Crime, Punishment and Tax," Review of Law & Economics, De Gruyter, vol. 9(1), pages 97-124, July.
    2. Florian Baumann & Tim Friehe, 2013. "Profit Shifting Despite Symmetric Tax Rates? A Note on the Role of Tax Enforcement," International Economic Journal, Taylor & Francis Journals, vol. 27(1), pages 97-108, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Tabbach, Avraham D., 2005. "The Effects of Taxation on Income-Producing Crimes with Variable Leisure Time," International Review of Law and Economics, Elsevier, vol. 25(2), pages 276-289, June.
    2. Tabbach Avraham D., 2013. "Crime, Punishment and Tax," Review of Law & Economics, De Gruyter, vol. 9(1), pages 97-124, July.
    3. Khalil, Umair, 2017. "Do more guns lead to more crime? Understanding the role of illegal firearms," Journal of Economic Behavior & Organization, Elsevier, vol. 133(C), pages 342-361.
    4. van Ours, Jan C. & Williams, Jenny & Ward, Shannon, 2015. "Bad Behavior: Delinquency, Arrest and Early School Leaving," CEPR Discussion Papers 10755, C.E.P.R. Discussion Papers.
    5. M. Martin Boyer, 2007. "Resistance (to Fraud) Is Futile," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 74(2), pages 461-492, June.
    6. Claudio A. Agostini & Philip H. Brown, 2010. "Local Distributional Effects Of Government Cash Transfers In Chile," Review of Income and Wealth, International Association for Research in Income and Wealth, vol. 56(2), pages 366-388, June.
    7. Kerri Brick & Martine Visser & Justine Burns, 2012. "Risk Aversion: Experimental Evidence from South African Fishing Communities," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 94(1), pages 133-152.
    8. Entorf, Horst & Spengler, Hannes, 2000. "Socioeconomic and demographic factors of crime in Germany: Evidence from panel data of the German states," International Review of Law and Economics, Elsevier, vol. 20(1), pages 75-106, March.
    9. Tom Kirchmaier & Stephen Machin & Matteo Sandi & Robert Witt, 2020. "Prices, Policing and Policy: The Dynamics of Crime Booms and Busts," Journal of the European Economic Association, European Economic Association, vol. 18(2), pages 1040-1077.
    10. Imrohoroglu, Ayse & Merlo, Antonio & Rupert, Peter, 2000. "On the Political Economy of Income Redistribution and Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 41(1), pages 1-25, February.
    11. Jack Hirshleifer & Eric Rasmusen, 1992. "Are Equilibrium Strategies Unaffected by Incentives?," Journal of Theoretical Politics, , vol. 4(3), pages 353-367, July.
    12. Takuma Kunieda & Masashi Takahashi, 2022. "Inequality and institutional quality in a growth model," Evolutionary and Institutional Economics Review, Springer, vol. 19(1), pages 189-213, April.
    13. Milo Bianchi & Paolo Buonanno & Paolo Pinotti, 2012. "Do Immigrants Cause Crime?," Journal of the European Economic Association, European Economic Association, vol. 10(6), pages 1318-1347, December.
    14. Alan B. Krueger, 2002. "Inequality, Too Much of a Good Thing," Working Papers 845, Princeton University, Department of Economics, Industrial Relations Section..
    15. Galiani, Sebastian & Jaitman, Laura & Weinschelbaum, Federico, 2020. "Crime and durable goods," Journal of Economic Behavior & Organization, Elsevier, vol. 173(C), pages 146-163.
    16. Alejandro Gaviria & Carlos Medina & Jorge Tamayo, 2010. "Assessing the Link between Adolescent Fertility and Urban Crime," Borradores de Economia 6860, Banco de la Republica.
    17. Nouman Khaliq & Muhammad Shabbir & Zahira Batool, 2019. "Exploring the Influence of Unemployment on Criminal Behavior in Punjab, Pakistan," Global Regional Review, Humanity Only, vol. 4(1), pages 402-409, March.
    18. Entorf, H. & Winker, P., 2008. "Investigating the drugs-crime channel in economics of crime models: Empirical evidence from panel data of the German States," International Review of Law and Economics, Elsevier, vol. 28(1), pages 8-22, March.
    19. Fernandez, Carmen & Ley, Eduardo & Steel, Mark F. J., 2001. "Benchmark priors for Bayesian model averaging," Journal of Econometrics, Elsevier, vol. 100(2), pages 381-427, February.
    20. Baomin Dong & Peter H Egger & Yibei Guo, 2020. "Is poverty the mother of crime? Evidence from homicide rates in China," PLOS ONE, Public Library of Science, vol. 15(5), pages 1-22, May.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:29:y:2009:i:1:p:1-7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/irle .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.