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The Buffett Romney Rule

Posted: 01/31/2012 6:16 pm

In his State of the Union address, President Obama defined the Buffett Rule aggressively: "If you make more than $1 million a year, you should not pay less than 30 percent in taxes." The Buffett Rule, of course, was inspired by Warren Buffett urging policymakers to "stop coddling the super-rich" with a tax code that favors capital income over labor income in ways that can lower a certain billionaire's effective tax rate (17.4 percent of taxable income in 2010) below that of his secretary. Just hours before Obama's speech, presidential candidate Mitt Romney released his 2010 tax returns and unveiled a 13.9 percent effective tax rate paid on $21.7 million of income, epitomizing the need for the Buffett Romney Rule.
The administration's previously floated rule that "no household making over $1 million annually should pay a lower share of its income in taxes than middle-class families pay" left some ambiguity as to how much progressivity should be restored by comprehensive tax reform. (Progressivity has declined markedly since the 1960s, as demonstrated by economists Emmanuel Saez and Thomas Piketty.) There's the trick of defining the middle class. More contentiously, would millionaires have to pay a higher effective tax rate than the average middle class tax rate or the highest middle class tax rate? Effective tax rates vary widely across all cash income levels. A professional athlete with tens of millions of dollars in annual wage and salary income pays the top marginal 35 percent tax rate plus the 1.45 percent Medicare payroll tax on most of their earnings. Not so for Mr. Romney or Mr. Buffett.

As a co-founder of private equity firm Bain Capital, Romney's work income was reclassified as "carried interest," which is treated as investment income and taxed at the preferential 15 percent long-term capital gains rate. (See Howard Gleckman's overview of this insidious tax preference.) The carried interest loophole helped Romney accrue his fortune, currently estimated somewhere between $190 million to $250 million. The vast majority of his current income is in the form of capital gains and dividends (including $7.4 million reclassified as such through the carried interest loophole in 2010) and taxed at the preferential 15 percent rate. The tax code favors capital income over work income in other ways, too: Capital income is not part of the income base for payroll taxes, the biggest component of which -- the Social Security payroll tax -- is only charged on the first $110,100 in wages and salaries. (About 94 percent of households' entire earnings fall under this taxable maximum.) Hence the 13.9 percent tax rate that many find so infuriating.

As my colleague Ethan Pollack depicts in this post, it didn't always work this way -- the long-term capital gains rate sits at a rock-bottom historical low. The 1986 Tax Reform Act enacted by President Reagan equalized the tax rates for capital income and work income at a 28 percent rate. In horse-trading with the House GOP, President Clinton agreed to lower the capital gains rate to 20 percent in 1997, although dividends were taxed as ordinary income up to the top rate of 39.6 percent. Then the Bush-era tax cuts undermined tax progressivity in a myriad of ways, including dropping the capital gains and qualified dividends rates to 15 percent, thereby making the carried interest loophole oh so much more valuable. (The estate tax -- the most progressive federal tax -- was also thoroughly gutted and even repealed for a year, with the hopes it would never return.) It could be worse: Under Newt Gingrich's budget-busting tax plan, these investments would be tax free, leaving Mr. Romney with an effective tax rate closer to zilch.

Unfortunately, reversing the unaffordable and unfair Bush-era tax cuts is proving devilishly hard. President Obama has proposed eliminating the carried interest loophole and returning the top capital gains rate to 20 percent in every one of his budget requests. (The administration would, however, keep the dividends rate at 20 percent instead of taxing it as ordinary income, at a loss of $96 billion over a decade.) Senate Democrats have repeatedly proposed repealing the carried interest loophole to finance job creation bills (most recently as an offset for the American Jobs Act), but all have been blocked by Senate Republicans. Sadly, the pocketbook interests of the 1 percent are much better entrenched by Senate procedural rules than those of the vast majority.

Romney's outlandish tax rate, however, makes the plutocratic interests vested in the tax code much more difficult to defend, particularly for Romney. According to Romney's policy adviser Lanhee Chen, the candidate would consider scrapping the carried interest loophole as part of comprehensive tax reform. That represents incremental progress, but scrapping wouldn't come close to adequately restoring progressivity or meeting the Romney Rule.

In recent testimony before the Senate Finance Committee, tax expert Leonard Burman rightly identified that "treating carried interest like other wage and salary income is one approach to diminishing this inequity, but a better and more consistent one would be to tax all capital gains the same as other income." Tax neutrality across income types is at the core of meeting the Romney Rule because capital income is so heavily concentrated at the top of the earnings distribution and because those at the top can easily reclassify work income as capital income. As my colleague Greg Anrig at The Century Foundation points out, the distribution of capital income is so skewed that 72 percent of the revenue collected by taxing capital gains as ordinary income would come from millionaires (those above the Romney Rule threshold).

Inseparable from questions of tax fairness and revenue collections are income inequality trends. A recent Congressional Research Service report noted that "changes in capital gains and dividends were the largest contributor to the increase in the overall income inequality [between 1996 and 2006]. Taxes were less progressive in 2006 than in 1996, and consequently, tax policy also contributed to the increase in income inequality between 1996 and 2006." The capital gains rate was lowered twice in this period. With inequality returning to Gilded Age-levels, tax policy should temper rather than exacerbate inequality.

The most fitting way to fulfill the Romney Rule would be once again equalizing the tax treatment of capital income and work income, and correspondingly physical capital and human capital. Doing so would restore fairness to the tax code, temper income inequality, and raise much needed revenue from those who can best afford it. Romney's income could easily be restructured to keep his tax rate in the ballpark of 15 percent even without the carried interest loophole; his tax rate would unequivocally rise, however, if capital gains and dividends tax rates increased. In my book, annual income of $21.7 million and net worth close to a quarter-billion dollars lands anyone squarely in the super-rich category. For those truly lucky duckies, a 30 percent tax rate seems much more appropriate than the tax code coddling lavished upon them over the last decade. For the sake of an equitable society and an adequately funded social contract, it's time for Congress to implement President Obama's Buffett Romney Rule.

 

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Gestas
Mountain Man
12:36 PM on 02/01/2012
Romney is one of the best examples of Wealth without Effort, that I can think of...""In a country that is well governed poverty is something to be ashamed of...In a country that is badly governed wealth is something to be ashmed of...""
11:12 AM on 02/01/2012
Businesses can't exist without customers.
The investment of a workers health digging a ditch is just as risky and worthy as a finanacial investment.
Trickle up works - trickle down doesn't. Both proven.
Study the eras of William Jennings Bryan and Reagan through Bush.
10:15 AM on 02/01/2012
As you know, Romney didn't simply pay 13.9% in taxes, he paid 13.9% in federal income tax, 11.9% in real estate taxes/state taxes/foreign taxes/other taxes for a total of 25.8%. In addition he gave 16.4% of his income to charity (what percent did Obama or Biden give to charity?) for a total of 42%.

So it is disingenuous to say that Romney only paid 13.9% in taxes when that is simply not the case. Additionally, you failed to mention that the average effective tax rate on households in America is 8.2%. So even on this basis, Romney paid 61% more than the average.

I know the Dems only have class warfare rhetoric left to motivate their base, but this is ridiculous. And I am not sure how it is helping having a hypocritical billionaire running around saying he should pay more taxes when he refuses to and gives a small amount to charity (oh yeah, Buffet "pledged" to give his money away, not actually give it to the poor of course, but take credit for "pledging").
11:11 AM on 02/01/2012
I bet the week before Mitt released his tax returns, you were one of the people saying 47% of people paid no tax instead of paid no federal income tax. Also, don't throw in his amount giving to charity, tax isn't a charity, and charity isn't a tax, and the fact that he paid to charity is part of what lowered his effective tax rate. Basically, you double dipped percent to make it look like he "gave away" 42% of his income.
Nevermind that a large part of Romney's "charity" includes politic giving that goes into helping his election, and most of the rest goes into a church. Personally, I don't consider giving people money to go around trying to force their religious opinions on other people a charity, but Romney probably loves that the IRS disagrees with me.
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Drivernorth
Challenging Conservatism Since 1963
01:05 PM on 02/01/2012
Does the disparity in income in our country rival and surpass that of the Guilded Age?
06:01 PM on 02/01/2012
What relevance does income disparity in the "Guilded Age" have to do with how much Romney paid in taxes and charity today?
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HUFFPOST COMMUNITY MODERATOR
iskra
Natural enemy of sharks and tro//s
09:39 AM on 02/01/2012
What you will hear Romney say is that capital gains benefits the country because it encourages investment. That's actually not true. Business owners like me who actually invest in our companies don't make capital gains. All our capital is tied up. You only claim cap gains when you SELL your business at a profit. Low capital gains doesn't encourage long-term investment, it encourages the quick flipping of companies to make a fast profit. That doesn't invest in business, it invests in flipping businesses and like Romney did, it generally means gutting the company to sell it's parts at a profit. Low capital gains only encourages more of the short-term profit taking mentality that got us into an economic crash in the first place. As always with the GOP : Privatize the profits, socialize the losses onto the taxpayer and ALWAYS think short term.
10:03 AM on 02/01/2012
As a fellow small business owner, I am pleased with your honesty and clarity of thought

F&F
11:22 AM on 02/01/2012
I had comment a while ago about how treating taxing capital gains encourages long term investment instead of focusing on the quarter by quarter. It has a whole host of benefits because it forces the people making the capital gains not just to consider their own company, but the market and the environment it has to work in.
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HUFFPOST COMMUNITY MODERATOR
iskra
Natural enemy of sharks and tro//s
12:03 PM on 02/01/2012
Agreed. The current low cap gains rates encourage short term thinking, short term profits from buying and selling companies, not running them.
09:30 AM on 02/01/2012
"treating carried interest like other wage and salary income is one approach to diminishing this inequity, but a better and more consistent one would be to tax all capital gains the same as other income." This is very accurate and it would also make the buying and selling of companies go back to the basics of economics. Finally an article that insightful. It also shows that these changes to the tax code came from both parties and CONGRESS is the problem not a particular party.
08:42 AM on 02/01/2012
There is no more egregious example of the law of unintended consequences in the tax code than the treatment of long term capital gains. Originally, the idea was to encourage long term investment by treating short term gains as ordinary income and long term ones as tax advantaged. In retrospect, what should have been done is to impose a penalty on short term gains, disallow short term losses, and treat long term gains as ordinary income. Such a formulation would achieve the same effect - to discourage speculation and short term market manipulation - while promoting equity and fairness. It makes no sense for one person to pay 25 cents on the dollar for back breaking work while those of us who have the money to invest pay 15 cents or less for simply clipping coupons.
08:04 AM on 02/01/2012
Then you'd better get out and get fewer Republicans in Congress.

A lot fewer.
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castlerider
"A man's home is his castle"
08:53 AM on 02/01/2012
We're working on it.
So is most of the 99% who are waking up to this inequality nightmare that Bush, Clinton, and all that cabal left us with. Myself, I expect some definite changes here.
10:16 AM on 02/01/2012
The class warfare will not work with regular Americans. They see a guy like Romney as a success, not as a Robber Baron like the libs do. So I hope all of you on the left keeps harping on this because it will only help Romney. Kind of like letting OWS continue so regular people can see what they truly stand for and turn away.
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HUFFPOST SUPER USER
Rita Khanna
Social liberal but fiscal conservative
07:41 AM on 02/01/2012
Capital gains can be linked to inflation adjusted cost of procurement and taxed at income rates.
But (sigh) that complicates returns and gives a headache for those who are active stock traders.
HUFFPOST SUPER USER
kuewa
07:10 AM on 02/01/2012
Thank you, Mr. Fieldhouse, for your insightful article. However, I'm surprised that even a person in your position makes the common mistake of referring to those who MAKE $1M/yr as "millionaires." While it may be true that most people who make >=$1M/yr are net millionaires, it is not true that most millionaires make $1M/yr. Therefore, the President's proposal targets only a very small portion of the wealthy population and not the majority of people who happen to have $1M or more in assets but have relatively modest incomes. The media needs to stop mislabeling this target population since it may give many people the false impression that their taxes will increase under the President's plan, which is not the case.
08:08 AM on 02/01/2012
IF you have $1M in assets, and live on that, you are living on no more than about $40K per year, or you are draining your assets.

That ain't very rich.

And, yes, raising capital gains taxes will affect that income, if you are living off those investments (retiree).

But it still has to be done...we gotta get a handle on the debt.
10:19 AM on 02/01/2012
I was with you until the last line. We do not have to raise taxes to get a handle on the debt. It is spending that has increased much more over the last 20-30 years. All you have to do is look at a graph of federal government spending as a percent of GDP since say 1970 and you will see the dramatic increase in the last 20 years. That is where the focus should be.

Another way to look at this is that if we went back to the 2008 budget, we would cut 3/4 of the budget deficit alone, that is how much spending has increased in recent years.
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MissinAmerica
Reinstate Glass-Steagall, End Lobbyists' control
06:59 AM on 02/01/2012
One thing is certain, Obama at least tried to close the 15% carried interest loophole but was blocked by repubs, and Romney will keep it or lower it from 15% if elected~

"...Mitt Romney was here this week at Steven Schwarzman­'s home, the CEO of the powerful private equity firm Blackstone Group. Romney was at Scharzman'­s swank apartment building at 740 Park Avenue where David Koch also happens to live. Oh, did I mention John Thain also lives there too? As well as John Paulsen? Yes...740 Park Avenue is one of the most "chock-ful­l-o-banker­s" buildings in Manhattan.

It was a private equity orgy of rich bankers plotting even more diabolical schemes with Mitt Romney as their front man.

It was Schwarzman who said this:

“It’s a war,” Schwarzman said of the struggle with the administra­tion over increasing taxes on private-eq­uity firms. “It’s like when Hitler invaded Poland in 1939.”

That's what he said of President Obama's proposal to close the carried-in­terest loophole, which I wrote about in April of last year. It is that very loophole that cause Mitt Romney's tremendous wealth to be taxed at a super low 15%. Yeah...Sch­warzman said that having to pay a normal rate as earned income is the same thing as being overrun by Hitler."
http://www­.dailykos.­com/story/­2012/01/20­/1056592/-­Occupy-mov­ement-goes­-to-Harlem­,-screws-u­p-complete­ly?via=sid­erec
08:10 AM on 02/01/2012
He should try paying that rate, while earning less than $100K, and see how he likes it.

Pathetic.
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castlerider
"A man's home is his castle"
08:56 AM on 02/01/2012
If you earn less then 100k, actually lees then a million, a year, it doesn't apply to you.
Obama made that clear in his SOTU speech.
10:21 AM on 02/01/2012
The average effective rate in the US is 8.2% with 47% of people not paying any federal income tax and the top 1% paying 37% of tax while only representing 20% of the income.

What more do you want?
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HUFFPOST SUPER USER
v650
06:01 AM on 02/01/2012
Not even close he is just the 12th richest politician
http://en.wikipedia.org/wiki/List_of_richest_American_politicians
Even if you take all the rich people's money it is still not enough to control the out of sight spending.
http://townhall.com/columnists/walterewilliams/2011/04/13/eat_the_rich/page/full/
08:11 AM on 02/01/2012
"Even if you take all the rich people's money it is still not enough to control the out of sight spending."

And yet, just ending the W tax gift to the rich removes about half the deficit!
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HUFFPOST SUPER USER
v650
08:22 AM on 02/01/2012
Not even close. Not even if you took everything they make. Don't buy the class warfare.
http://townhall.com/columnists/walterewilliams/2011/04/13/eat_the_rich/page/full/
10:23 AM on 02/01/2012
You need to go back to math class. Even by Obama's admission, the portion of the Bush tax cut for the rich amounted to $700B over ten years or $70B per year. Do you realize the federal government spends $3.8T per year? That means the Bush tax cut for the "rich" amounts to less than 2% of the budget.

C'mon man.
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HUFFPOST SUPER USER
ericinkw
Business is Good, People are Terrific
08:12 AM on 02/01/2012
Yeah, but it's a good start. Then we can cut subsidies for Big Oil, who's reaping $500 Billion quarterly profits on the backs of working class Americans. After that, we can target eliminating loopholes for Corporations like GE, who made Billions in 2010 and paid ZERO taxes. Oh, and we might as well withold any Congressional salaries and benefits for Republicans who "did NOTHING" for Americans and blocked jobs bills.
10:33 AM on 02/01/2012
The tax cut for the "rich" (according to Obama) is $700 billion over ten years or $70B per year. That amounts to less than 2% of the budget. Not that great of a start.

Susbidies and tax breaks force companies to do things that our elected official think is beneficial. It is not as if the IRS woke up one day and said to GE, you don't need to pay taxes this year. In order to qualify to tax breaks a company first has to generate income and second has to do certain things to get the breaks, like buy American made equipment, retrain its workforce, provide daycare, etc.

So by eliminating the tax breaks and loopholes there will be other activities, many of which libs like, that will no longer be accomplished. BTW, I think all breaks and loopholes should be eliminated along with the income tax and move to a consumption tax.
09:37 AM on 02/02/2012
We do agree that we need to reduce revenues and simplify the tax code. Where we disagree is that I think spending cuts should be the vast majority of deficit reduction since it has been the largest reason why we are in the fiscal problems we are. If you look at a graph of spending as a percent of GDP is has skyrocketed in the last 30 yrs or so (under both Dems and Republicans), while revenue as a percent of GDP has hovered between 16-19% except during times of war and recession.

We need to reset spending to that level and restructure the tax code to be simpler, no deductions/breaks and flat rates. Better yet stop taxing success (ie, income) and tax consumption instead.

The tax cuts for the "rich" (whoever they are, definitions change depending on which lib you talk to) are inconsequential to the deficit/debt and are only part of the discussion because libs want to demagogue for their base. Its like going to the store and being a penny short and the cashier makes a big deal over the penny.
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HUFFPOST SUPER USER
gsfu
Our representatives have ceased to represent us.
04:48 AM on 02/01/2012
I'm sorry, even if we raised income taxes on the rich to 39.6%, as it was during the Clinton administration, the rich would still be coddled. Prior to Reagan the rate was 70%. During the Eisenhower administration, it was 91%. Each and every time we've cut taxes on the rich, the economy has suffered. Raising taxes on the rich has NEVER failed to grow the economy and lower unemployment.
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HUFFPOST SUPER USER
Jim Milks
Ecologist
06:34 AM on 02/01/2012
While I agree that we should return to Kennedy-style (or even Eisenhower) tax rates, there are instances where tax cuts can grow the economy (i.e. the 1964 tax cuts). What gets ignored is that those 1964 tax cuts were demand-side cuts in line with Keynesian theory, not supply-side cuts like the Reagan and G. W. Bush tax cuts which accomplished little more than blowing up the budget deficit.

http://www.slate.com/articles/news_and_politics/history_lesson/2004/01/tax_cuts_in_camelot.html
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HUFFPOST SUPER USER
lNSCOUT
08:42 AM on 02/01/2012
voodoo economics......
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HUFFPOST SUPER USER
gsfu
Our representatives have ceased to represent us.
11:09 AM on 02/01/2012
One thing that should be noted about the Kennedy tax cut, is that the same bill closed so many loopholes that the EFFECTIVE tax rate for wealthy people actually increased.

You can grow an economy with tax cuts, but it's always fake growth that results in an economic bubble. That's why the tax cuts of the early 20's lead to the Great Depression, it's why the Reagan tax cuts lead to the stock market crash of '87, it's why the Bush tax cuts lead to the Great Recession.
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RS
I think, therefore, I don't listen to Limbaugh
06:43 AM on 02/01/2012
"Each and every time we've cut taxes on the rich, the economy has suffered."

And furthermore, here's a fact that VERY RARELY gets mentioned in the corporate mainstream media -- and you will NEVER, EVER hear it on Faux Spews Channel: since Reagan's inauguration in 1981, while income taxes have been SLASHED TO THE BONE for rich people, PAYROLL TAXES (i.e. Social Security taxes) HAVE SKYROCKETED INTO OUTER SPACE! Remember: only the first $106,800 of WAGE INCOME -- not income from dividends and capital gains -- is subject to payroll taxes. Once again, this all goes back to Universal Tax Rule #1: when rich individuals and big corporations don't pay taxes or pay less than their fair share, SOMEONE ELSE MUST MAKE UP THE DIFFERENCE.
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HUFFPOST SUPER USER
gsfu
Our representatives have ceased to represent us.
11:14 AM on 02/01/2012
If you're not already aware of it, the history of this is quite fascinating. Greenspan formed a commission to reform Social Security, and as a result payroll taxes doubled. The reason given was to pay for the Baby Boomers. However, Greenspan opposed rules that would forbid the Federal Budget from borrowing from this surplus. The reason why he opposed it, was because that was the real goal all along. Give the rich a 50% income tax cut, double payroll taxes that only working people have to pay to make up the difference in the federal budget. It didn't work. The 80's had the slowest GDP growth rate of any decade since the Depression, we had double digit unemployment rates for the first time since the Depression, and while we never had a trillion dollar debt before then, by the time Reagan left office, it was over 3 trillion.
03:01 AM on 02/01/2012
The only issue in the election is how to grow the economy so that everyone benefits and not just the top 1 or 2 percent (yes, "everyone" includes the 1 or 2 percent, though maybe not at obscene rates). The only way to grow the economy consistently and over the long term is to kill the trickle down experiment and work on policies that grow the middle class.

A hundred years from now people will look at pundits who insist on trickle down economics as no different than people who insist burning imaginary witches will somehow improve the community.
08:16 AM on 02/01/2012
I keep hearing 'grow the middle class'.

No. The middle class can do OK.

Try 'growing' the bottom third to middle class levels.

I understand why the politicians all concentrate on the middle class. It is because there are more of them than rich people, and they are more likely to vote than poor people.

But raising the standard of living of the poor would produce more bang for the buck than raising the middle class, because it would increase net demand, and decrease demands for government support of the poor.
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Stupert
02:17 AM on 02/01/2012
Careful what you wish for. Taxing capital gains at an income equal rate means that Joe Blow who sells his house will be taxed at a higher rate, discouraging investment in real property. The real offensive part is actually the carried interest piece that private equity and VC people get, but you have to realize that in some instances that isn't even "cash" income - the fund marks the value of their investments to market at year end and the "carried interest" has to be taken as income by the holder, making it taxable....
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shaunmarie
America is broken. Lets fix it.
05:18 AM on 02/01/2012
Joe Blow is currently unemployed, as Mr. Big has found it is far more economically advantageous to sit on his financial capital rather than taking a risk by investing in infrastructure.

Even if this were not the case, have you been sleeping for the last 12 years? Joe Blows house is not work half what he paid for it - he will be selling it at a loss, and there will be no taxes levied.
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Jim Milks
Ecologist
06:45 AM on 02/01/2012
Capital gains from the sale of your house aren't taxed at all unless they exceed a $250,000 for an individual and $500,000 for a couple. So how would raising capital gains rates discourage home sales? Most home sales don't even come close to the tax threshold.
12:05 PM on 02/01/2012
Joe Blow is doing pretty good for himself if he sells his home for 250 or 500K more than he paid for it. I'm sure he can more than live with a little bit of tax in those cases.
01:05 AM on 02/01/2012
Of course this is money already taxed which was then invested. Money lost was money lost. Money gained is money that is taxed a second time at 15%. How much more should the Government get??
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jbrandimore
Calls 'em as he sees 'em
04:33 AM on 02/01/2012
Most of the money invested in equity funds is borrowed not earned and taxed.
08:21 AM on 02/01/2012
I sure hope to hell most of it isn't 'borrowed'.
10:45 AM on 02/01/2012
Most of the money IN equity funds is, well, equity and hence the name. They may borrow money in addition to their equity to buy an asset, but the money IN an equity fund is not borrowed.
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shaunmarie
America is broken. Lets fix it.
05:20 AM on 02/01/2012
No, darling. These are pretax investments. These are monies earned by labor, yet hidden by a loophole.

Don't you realize that America was far wealthier and far better off when our tax code was progressive, and the rich paid their fair share?
08:22 AM on 02/01/2012
No they don't.

Reality is sooooo hard to understand.