re: Biden proposed 44.6% Capital Gains tax, 25% tax on Unrealized Gains

Moore vs United States will eventually settle this, but if we go off of Eisner v Macomber (which has already been used in previous Moore arguments), then gains aren't considered taxable under the 16th until they become realized. In other words, any talks of or attempts to tax unrealized gains are legally DOA.

Taking Eisner as the precedent, if the federal government actually passed a law taxing unrealized gains, once the case was decided by SCOTUS then the federal government would be on the hook for returning all of that money to the infringed tax payers.