Number: 98-189
Title: TOBACCO ADVERTISING: THE CONSTITUTIONALITY OF LIMITING ITS TAX DEDUCTIBILITY
Authors: Henry Cohen, American Law Division 
Abstract: Under the Internal Revenue Code, advertising is ordinarily deductible as a business expense (26 U.S.C. Section 162). It has been proposed, however, that the deductibility of the cost of advertising tobacco products be limited or eliminated. Since advertising is a form of speech, this raises the question of whether such a limitation would violate the provision of the First Amendment that "Congress shall make no law…abridging the freedom of speech, or of the press…."
Pages: 6
Date: Updated March 4, 1998