Washington residents are limited to only taking the route of court action to respond to the capital gains income tax with the recent passing of the tax at the end of the legislative session. Those concerned about the tax can challenge it in court based on constitutionality with the state Supreme Court.

"I am not optimistic about this particular state Supreme Court as tax friendly as they are," said Senator Brad Hawkins. "This court, I think, is eager to approve and uphold this capital gains income tax."

Legislators are prohibited from getting intertwined in court challenges. The first official challenge to the tax was filed in Douglas County Superior Court.

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