IN our recent article, Taxing Punitive Damages, we argued (i) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (ii) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions. To our delight, Professor Larry Zelenak and Paul Mogin have each provided comments to our piece. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility while Mr. Mogin disputes our doctrinal claim that the tax evidence is admissible.4 We thank them for their contributions and provide our replies below.
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