Readability of tax court opinions

Abstract

For several decades, a prominent movement within government and the legal profession has emphasized the use of “plain language” to improve readability in legal writing. Plain language legal writing in U.S. Tax Court opinions is important for tax advisors and their clients for two primary reasons. First, clients value efficiency in the work of the tax advisor. A tax advisor can research a thorny legal issue more efficiently and cost-effectively if the related Tax Court opinions are written in a clear, logical, and easy-to-read manner. Second, if opinions are difficult to understand, they provide less certain authority. A degree of certainty in the tax law is important for taxpayers to plan and conduct their economic activities, whereas a lack of certainty creates confusion and an inefficient tax compliance and planning environment. We examined the readability of the Tax Court opinions using the Flesch Reading Ease formula. Since we selected the opinions used in this study based on the same database search term, they contain similar technical content, improving comparability of readability scores. The analysis shows that as the plain language movement progressed over the years, the readability of these opinions has actually decreased.