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July 11, 2006

Tax Patents

The House Ways & Means Select Revenue Subcommittee is holding hearings Thursday into patents claiming tax processes. The worry is whether such patents contribute to tax avoidance (as in: duh), and whether it could make the IRS's job of blocking tax shelters more difficult.

The chairman of the subcommittee, Rep. Dave Camp (R-Michigan, 4th district) (photo), said that it seemed odd to him that a patent could apply to complying with federal law. Dave, bless his heart, don't know much about patenting.

The patent office is sending its general counsel, Jim Toupin, to testify as to what up with tax patents: "too legit to quit." Alas, that exact phrase is not expected to be uttered by Mr. Toupin.

An early tax process patent, 4,994,657 - "Estate and give tax estimator", has a 1989 filing date. Since the 1998 CAFC State Street ruling legitimized business method patents, the patent agency has granted towards 50 patents claiming various tax computation procedures.

Needless to say, many tax patents spawn from the minds of creative tax attorneys. God bless America.

Posted by Patent Hawk at July 11, 2006 10:19 PM | The Patent System