Charles Delmotte

At Michigan State College of Law, I teach Basic Income Taxation, Trusts and Estates, and the Tax Policy Seminar.

Basic Income Taxation
This survey course introduces the basic concepts of federal income taxation and is ideal for students interested in learning basic information about tax law but who are not yet certain if they want to specialize in tax or business fields. Students will get practice in the skills of statutory construction and applying a broad range of legal authorities to clients’ concrete problems, skills which are valuable for all law students regardless of whether they ultimately specialize in tax. In this course, students will be exposed to tax issues that affect individuals, including sole proprietorships, and will gain an understanding of various forms of income, exclusions from income, capital gains and losses, various deductions, and other topics. The course uses a modified Socratic approach with an emphasis on problem-solving that will allow students to develop a capacity for analyzing cases, statutes, and administrative materials. I assign weekly quizzes and MPCs as formative evaluations.

Tax Policy Seminar
This seminar covers a range of tax policy issues arising from Federal Taxation. The specific issues studied will vary but, in general, will focus on progressivity and redistribution. Topics likely to be covered include the use of the income tax as a fiscal policy tool; the concept of income; imputed income; progressive versus flat tax rates; taxation of families; income versus consumption taxation; tax expenditures, exclusions, and deductions; taxation of business and investment income; capital gains and losses; and transfer or wealth taxes. A paper will be required. The topic will be determined after consultation with the instructor.

Trusts and Estates
A study of the pattern of practices for transmitting wealth in view of death. The course surveys probate jurisdiction and administration; intestate succession; limitations on testamentary power; execution requirements for wills; revocation, revalidation, and revival of wills; incorporation by reference; contest of wills, and related remedies. Also covered are the private express trust, inter vivos, and testamentary, including functions, prohibited trust purposes, and requisites for creation; informal and incomplete trusts, including resulting, constructive, and savings bank trusts; termination of trusts; gifts to charity, including historical backgrounds, nature of charitable purposes and cy pres; powers and duties of the fiduciary; and remedies of beneficiaries in case of breach of duty.

Journal Articles

Delmotte C. (2025) “Redistribution without Romance,” 66 Boston College Law Review (forthcoming)

Delmotte C. (2024) “Beyond the Wealth Tax“, 76 Alabama Law Review (forthcoming)

Delmotte C. (2023) “Toward a Blockchain-Driven Tax System“, 43 Virginia Tax Review 1

Delmotte C. (2023) Predistribution Against Rent-Seeking: The Benefit Principle’s Alternative to Redistributive Taxation. 39 Social Philosophy and Policy 1

Delmotte C. and Dold M. (2022) Dynamic preferences and the Behavioral Case Against Sin Taxes. 32 Constitutional Political Economy 1

Delmotte C. and Cowen N. (2022). “The Mirage of Mark-to-Market: Distributive Justice and Alternatives to Capital Taxation”, Critical Review of International Social and Political Philosophy

Delmotte C. (2021) “The Case Against Tax Subsidies in Innovation Policy”, 48 Florida State University Law Review 2

Delmotte C. (2021) Simple Rules and the Political Economy of Income Taxation: The Strengths of a Uniform Expense Rule, European Journal of Law and Economics

Delmotte C. (2020). “Tax Uniformity as a Requirement of Justice” , 33 Canadian Journal of Law and Jurisprudence 1

Delmotte C. and Cowen N. (2020). “Ostrom, Floods and Mismatched Property Rights”, 14 International Journal of the Commons 1

Delmotte C. (2016). “Wealth Taxes, Capital Gains Taxation and the Right to Private Property”, Belgian Journal of Tax Law (503), pp. 521–534

Books

Verplaetse J. and Delmotte C. Handbook of Ethics and Legal Philosophy (Van Gompel and Svacina, 2018).

Book Chapters

Delmotte C. (2023) “Different Economic Models of Innovation and their Relation to the Law” In De Bruyne J. and Vanleenhove C. (eds): Artificial Intelligence and the Law (23-48). Cambridge: Cambridge Intersentia.

Delmotte C. and Nientiedt D (2022) In Robert F. van Brederode (ed) Classical Liberalism: Market-Supporting Institutions and Public Goods Funded by Limited Taxation, in Political Philosophy of Taxation (135-150) Springer Publishers.

Delmotte C. (2019) “The Conception of Taxation: The Conventional versus the Constitutional Point of View”. Published in Boudreaux D., Coyne C., and Herzberg B. (eds.): Interdisciplinary Studies of the Market Order: The Political Process and Political Order (131-156). Rowman and Littlefield International Ltd., New York.

Delmotte C. (2017) “The Right to Autonomy as a Moral Foundation for the Realization Principle in Income Taxation”. Published in M. Bhandari (ed.): The Philosophical Foundations of Tax Law (281–302). Oxford: Oxford University Press.

Delmotte C. and Verplaetse J. (2017) What Is Wrong with Endowment Taxation? Self-usership as a Prerequisite for Legitimate Taxation”. Published in Peeters B., Gribnau H. and Badisco J. (eds.): Building Trust in Taxation (95–115). Cambridge: Cambridge Intersentia.