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Edward D. Kleinbard

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Rich Man Whining

Posted: 08/24/11 11:06 AM ET

Harvey Golub is a very rich man filled with righteous indignation. The former CEO of American Express (and briefly the Chairman of AIG), Golub directed his umbrage at Warren Buffett and President Obama, for suggesting that the rich in general, and by implication Mr. Golub in particular, should pay somewhat higher income tax rates than they do now. In Golub's own words, from his recent Op-Ed piece on this subject in the Wall Street Journal:

I deeply resent that President Obama has decided that I don't need all the money I have not paid in taxes over the years... I certainly don't feel 'coddled' because the various governments have not imposed a higher income tax. After all, I did earn it.

Golub's Op-Ed relies on critical mischaracterizations of fact. Setting the record straight is not an exercise in nitpicking, but rather is needed to keep public discourse on this important topic from being derailed by inflammatory half-truths. Perhaps even more important, Golub's article accurately reflects the ethos of a large swath of the privileged classes, but in doing so reveals unexamined forms of arrogance that lie at the heart of our deteriorating ability to govern ourselves.

First, the facts. Golub writes that about half of all filers "pay no income taxes at all." From this Golub argues that nonpayers "should pay something and have a stake in our government ... too."

Let's put to bed for all time this trope that half of Americans have no "skin in the game." The income tax is simply one of a suite of federal taxes imposed on rich and poor in different proportions and collected through different mechanisms. The nonpartisan staff of the Congress's Joint Committee on Taxation -- the official scorekeepers to Congress for all tax matters -- looked at this question last year. They projected that in 2010 about 37 percent of all income tax returns would show no federal income tax liability. But when all federal taxes borne by individuals were toted up, the JCT staff found that every stratum of society -- even those making less than $10,000/year -- paid federal taxes. (The details of the study are available online at www.jct.gov -- it's document JCX-19-10. The study excludes dependents on someone else's returns, so the data are not skewed by the children of the affluent earning a few thousand dollars from a summer job. It also excluded estate tax, which did not apply in 2010.) Everyone has skin in the game.

When one includes state and local taxes, many of which are notoriously regressive, the effective tax rate on the poor is surprisingly high. In a 2010 study, Citizens for Tax Justice calculated that those in the lowest income quintile (with an average cash income of $12,400) paid about 16 percent of their income in tax. The top 1 percent, with an average income of $1,328,000, paid at an all-in rate of about 31 percent.

Turning to the fortunate affluent, Golub writes that the 250,000 American families who earn $1 million or more pay 20 percent of all federal income taxes. The same nonpartisan JCT study actually projected the number of 2010 tax returns showing incomes of $1 million or more to be 336,000 (good news for Mr. Golub!); that group (just 1/500 of all returns) was projected to earn about 11 percent of total personal income in the United States, and pay 26 percent of all federal income taxes -- but less than 14 percent of all federal personal taxes in the aggregate.

The simple lesson here again is that the income tax is just one of a suite of taxes; by design, it burdens higher incomes in particular, just as others are borne disproportionately by the poor or middle class. It's the aggregate tax burden that's relevant, and here one discovers that the U.S. federal tax system in its entirety is not nearly as progressive as many believe. In fact, it's taxpayers with incomes in the $200,000 -- $500,000 range, not Mr. Golub and his crowd, who get the worst of the deal; their all-in federal tax rate is significantly higher than that borne by those earning over $1 million.

Looking at federal income taxes alone, the JCT staff found that the over $1 million club faces effective income tax rates of a little over 24 percent -- hardly the punitive rates implied in Golub's Op-Ed piece. And when one gets to the superrich, effective federal income tax rates actually decline further, because so much of their income is taxed as long-term capital gain, at a 15 percent rate. The IRS publishes data annually on the 400 highest-income tax returns for the year. For 2008 (the most recent year), their effective federal income tax rate was only 18.1 percent. If one measured their tax liabilities against their true economic income (including items like tax-exempt municipal bond income and capital gains not yet harvested through a sale), that rate would decline still further.

Finally, let's return to the underlying themes that really tick Mr. Golub off. First, referring to his many tens (hundreds?) of millions of dollars, he observes that "he earned it." Of course that's true, in the sense that he apparently inherited very little wealth, is highly intelligent, has worked very hard his whole life, and in return has been paid extremely well for his labor. But is it really possible that Golub and his ilk are blind to how lucky they also have been? Many of those without tens of millions of dollars also work very hard, and many are as smart as Mr. Golub. The nature of life is that we do not control it; both our native talents and our good fortune are distributed through processes that we cannot fathom and do not "earn."

The income tax in particular is a kind of insurance policy. Imagine that we are all sentient disembodied beings, waiting to be born. We know the full range of possible paths that any new life might take, including the great probability that we will end up struggling to make ends meet. But we know nothing about our future selves. We do not know who our parents will be, how healthy we will be, or with what native endowments we will embark on life. We are offered insurance, in the form of a promise of some minimum level of support if we are unfortunate -- but being disembodied beings, we have no cash with which to pay the premium. The deal is we can pay in arrears -- if we hit the jackpot, we kick in a fair chunk of money, and if we end up with the short end of the cosmic stick, we get helped out enough to mitigate the most abject misery. Who among us would be so foolish as not to sign up?

Second, Mr. Golub writes that the federal government today violates "the implicit social contract between me and my government that my taxes will be spent -- effectively and efficiently -- on purposes that support the general needs of the country." Here Golub betrays the unconscious great arrogance that he shares with many other successful people. There is no contract, express or implied, between the United States of America and Harvey Golub. "The consent of the governed" does not mean that Harvey Golub, or any citizen, gets to pick and choose which government spending programs are smart, and therefore deserve his funding, and which are dumb, and from which he therefore can opt out. I happen to agree with many of his criticisms of wasteful tax expenditures and the like, but that's not by itself a principled basis for not contributing an appropriate share to fund whatever government our democratic system has delivered to all of us.

To date, Mr. Golub and I both have failed to convince our fellow Americans, and through them those rascals in Congress, that these programs are indeed wasteful. Instead of driving a wedge between Americans on the false issue of income tax statutory rates, or suggesting that he won't play ball until Congress meets his demands, Mr. Golub should apply his formidable talents and some of his considerable wealth to rallying support for his generally sensible list of spending and tax reforms.

 
 
 
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HUFFPOST SUPER USER
Carolyn Kostopoulos
11:01 PM on 08/25/2011
"after all. i did earn it."

how? by sitting behind a computer screen and watching your interest compound? i defy any of these financial wizards to actually DO something
07:43 PM on 08/25/2011
He says he's smart, I challenge him to game of chess, then we can compare SAT scores

I bet I win both.
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Maezeppa
Happy-Happy Joy-Joy
09:07 PM on 08/27/2011
Not bloody likely.
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HUFFPOST SUPER USER
Saje3d
03:55 PM on 08/25/2011
The fact that such a high percentage effectively pays no income tax isn't an argument for raising their tax rates...it's an argument for raising wages.
HUFFPOST SUPER USER
Robert Gambee Sr
04:27 PM on 08/26/2011
Either one produces revenue.
Personally, I feel the rich should pay all the Taxes. They are the ones responsible for removing the revenue producing jobs from our nation in the first place. Let them reap the rewards of Outsourcing, and Union Busting.
It's not like we haven't told them this was the eventual outcome of their greed.
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JoeMentia
They hate us for our Free Dumb!
02:59 PM on 08/25/2011
"The complaints of the privileged are too often confused with the voice of the masses."
~ John Kenneth Galbraith
12:16 PM on 08/25/2011
Year after year, the rich get richer, and the poor is getting poorer. Focusing on the "poor pays nothing" is a diversion from the real issue - a growing disparity between the wealthiest and everyone else.

The end goal should be fair and proper distribution of wealth, based on real contribution to society. Tax rates are not a goal; they are a tool for managing such wealth distribution.

Given the unfair distribution, the supper rich should be taxed much higher and the poor should not be taxed at all. The tax rate should can be adjusted to meet the goals, and the many loopholes availble only for the very wealthy should be done away with.

Again, taxes are a TOOL. Fair distribution is the GOAL.

And no, I am not a socialist. I just don’t think that one human should earn 100 million while another hard working person earns $20,000. Why should one person and up with what 5000 people earn, this is just wrong. It is cold evil greed when the supper rich want the poor to pay the same rate.
HUFFPOST SUPER USER
Robert Gambee Sr
04:29 PM on 08/26/2011
I like that. "Cold evil Greed", So true.
09:39 AM on 08/25/2011
An unusual article in that Prof Klienbard looks at a more balanced view on taxes. Personally, I believe that countries that have an overall progressive tax policy have been more successful, including our own in the past. The tax policies that have contributed to the decline of the middle class in the last 20 years or so are still in vogue. The other aspect on government spending that is seldom talked about, is government efficiency. We need a group of some sort that tries to minimize corruption (purchasing of members of Congress by special interests) and improving efficiency by finding more competent civil servants.
07:55 AM on 08/25/2011
Why do people care what rich folks think?
Have they no patriotism?
Guess not.
A few percentage points more or less does not make a difference to rich folks.
Returning to PRe Bush rates is a priority.
Defunding the govt and blocking all needed measures is all part of the GOP strategy.
MOST of the deficit caused by BUSH era mismanagement.
RICH pay less on cap gains and loophole rates.
All that stuff should be eliminated.
07:45 AM on 08/25/2011
American EXpress/
Another co based on usury.
Cutting up my AMEX card today.
02:28 AM on 08/25/2011
Aprox. half of all working Americans do not pay INCOME taxes because their wages are too low!
They work hard and still have an income too low to be taxed!

However, we all pay plenty of taxes....from gas taxes to sales taxes.

It would be NICE to have lots of money and security.....but some of us ordinary lower class Americans have some things most of the rich lack.

Most of us have a heart and a soul.

We have empathy for others and a willingness to share the good and bad times.

Most of us are NOT super selfish, self-centered, arrogant, and entitled.

We understand that sharing things (through taxes) makes for a stronger America.
If there are large middle and working classes then the rich also have it better due to having a strong and prosperous country to live in.

More money would be nice....but I do NOT want to be like most of the rich.
They are NOT people I admire as worthwhile humans except maybe in the financial sense.
09:19 PM on 08/24/2011
I know this article talks about the federal income tax, but, if you're like me, we pay FICA, gas tax, property tax, tolls ($5-6), sales tax, and other taxes for practically everything.

You make a mistake or a deposit doesn't clear before you pay a bill and the bank charges you $35. Cancel a cellphone before the contract is up costs perhaps $200. DSL doesn't work very well, but you still have to pay high rates. Change fee for a flight: $150. Tired, just tired. It's such a big percentage of our income at the middle level and below versus people in the top tiers of income.
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HUFFPOST SUPER USER
rontheking
Everyone is behaving splendidly! splendidly!
07:13 PM on 08/25/2011
Absolutely right...there are hidden taxes put on us EVERYWHERE by large corporations because of deregulation that disproportionately and punitively tax those who are struggling most to make ends meet...not to mention the gouging that goes on through increases in parking fees, citation fee increases and myriads of other fees charged by municipalities starved by cuts that also affect the lower classes disproportionately. Are you going to tell me those aren't taxes?
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dumosumo
Try finding a plumber on Sunday
07:45 PM on 08/24/2011
How does being a smart person working in the financial services industry entitle one to earn hundreds of millions per year while being an smart person working as, say an engineer or architect, entitle one to a tiny fraction of that? What is the real value of shuffling money around? What do people like Harvey Golub really produce? Damned if I can figure it out.
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HUFFPOST SUPER USER
Amazonia26
Whistling past the graveyard
09:59 PM on 08/24/2011
AMEN & AMEN!
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JoeMentia
They hate us for our Free Dumb!
03:29 PM on 08/25/2011
Spot on! It's always bothered me to no end that those who actually create thing are vastly outpaced economically by those who merely sell what the creators create. And money changers are even lower on the usefulness ladder than salesmen.
iridium53
Semper Fi
07:34 PM on 08/24/2011
An outstanding article.
Thank you.
07:22 PM on 08/24/2011
Dear Mr. Kleinbard, your opinion piece contains the phrase, "critical mischaracterizations of fact" and mentions "half-truths". The problem is that if your readers were to actually read the document JCX-19-10, specifically Table 11 and 11a they may be forced to reconsider your "facts". It is perfectly fair and absolutely accurate to say that 50.8% of all Federal Income Taxes are borne soley by those who make over 200k. Its simply a fact. Employment taxes which include Social Security and Medicare are paid by all, but are contributed for a specific service, Retirement Checks and Healthcare. It could be argued that they really aren't taxes but rather premiums. In any case, 50.8% of what the Federal gov't takes in Income Taxes comes from private citizens making over 200k, not corporations or other revenue streams. As you can also see from these tables is that those making under 30k were given tax returns in the amount of $28.8 Billion. Let's assume the obvious, which is these tax returns help them with all their other tax liabilities, both state and local, as well as their employment taxes, like Medicare and Social Security. And for clarification, tax returns are payments from the federal gov't to the individual. These are the facts, believe whatever you wish about how much should be taken from private citizens to fund the gov't, but please spare your readers the indignity of being your patsies when you clearly provide critical mischaracterizations of fact. Respectfully.
oilfield
small manufacturing business owner
11:36 PM on 08/24/2011
fanned!
HUFFPOST SUPER USER
Robert Gambee Sr
04:37 PM on 08/26/2011
The obvious solution: expand the middle-class. By denegrating the center the revenue is thrown out of balance. Pity not the rich man. He made the poor by design.
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HUFFPOST SUPER USER
littleolwinemakerme
Put A Cork In It!
06:46 PM on 08/24/2011
He earned it? How, by me using my AmEx card for dinner or buying Traveler's Cheques for a trip. Seems to me I'm the one who earned it.
HUFFPOST COMMUNITY MODERATOR
Angie Tyne 1
I want my disagree button!!
05:58 PM on 08/24/2011
Thank you for debunking this. I have been hearing this increasingly from various sources and the information is usually outdated or cherry picked.

I will be adding your article to my list of resource and rebuttal links.