CHANGES IN A CHANGING WORLD
resulted in creative tax structures and solutions that are a constant mediatopic.
Individuals staunchly oppose high taxes and are uniquely positionedto resist them. To add to this complex fiscal situation, the state isconstitutionally mandated to provide an “adequate” education to all of itschildren, a standard promulgated in response to a school funding crisis thatwas litigated in the Supreme Court of New Hampshire.
States commonly face challenges to the procedural elements of taxcredits, as statutes rarely provide avenues for appeal.
This leads tonumerous suits interpreting the terms in the statute in order to provideadequate relief for the citizens of the state.
New Hampshire’s EZ TaxCredit statute seems destined to repeat the same cycle, since its statutorylanguage grants the Commissioner of Economic Resources andDevelopment nearly unilateral power to grant or deny tax relief.
Thisstatutory language is sure to provide ambiguities in implementation similarto those experienced by other states, including the basis on which theCommissioner makes his/her decisions and the amount of the creditgranted.
There are not as of yet any cases pending.II. N
In 1998, New Hampshire was considered to have a strong economy.
From 1980 to 1996, New Hampshire’s economic output grew by 45.6%,outpacing national and regional growth in several areas includingemployment growth, low unemployment rate and poverty, family income,and median hourly wage.
Within the state, however, prosperity varies byregion and demographic group. The North Country’s economy has grownby only 13.6% in the same 16 year period. Single-parent families, youngworkers lacking higher education, and minorities are especially vulnerable
Hampshire Business Resource Center,
New Hampshire Department of Revenue Administration, “
Does NH have an Income Taxor Sales Tax?”
New Hampshire Communities for Adequate Funding of Education
See Section IIIc., later in the Note.
N.H. Rev. Stat. § 79-E:5(IV) (2006).
See Section IIb. Later in the Note.
Judith Elliott, “
The Status of Working New Hampshire: A Review Of New Hampshire DataFrom State Of Working America
,” New Hampshire Center for Public Policy Studies inassociation with the Institute for Policy and Social Science Research, University of NewHampshire, sponsored by the Economic Policy Institute, Washington, D. C., Sep. 1998,http://www.nhpolicy.org/reports/workingnh.html.