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What's Fair? Five (or Six) Principles of Tax Fairness

Posted: 04/17/2012 10:33 am

This word "fairness" keeps coming up around tax day, particularly in discussions around the Buffett rule.

Many have questioned what I and others mean by "fair." I've got five answers. A fair tax system should be:

  1. Progressive: those with more income pay a larger share of it in taxes;
  2. One that doesn't exacerbate inequality by giving preferential treatment to the wealthy (e.g., by favoring capital over labor income);
  3. One that doesn't disproportionately benefit those who are already doing the best at the expense of the rest;
  4. One that raises enough revenue from those with lots of resources to provide a leg up for those at a disadvantage;
  5. One that does not rearrange the pretax income distribution, as in a confiscatory, highly redistributive system.

Conservatives invariably counter that it's not fair for 47 percent of households to pay zero federal income tax (most recent data from 2009).

I even got a pretty moving note from a guy who said he didn't think it was fair that just because his income was so low, he didn't get to pay federal taxes. He wanted to contribute! (The usual Republican talking point here is "well, why don't you write a check to the Treasury?!" which is just silly. Whether it's this big-hearted low-income citizen or Buffett himself, their point is clearly systemic, and while their actions alone might make them feel better, they won't cure the perceived problem they're identifying.)

Liberals counter with two points. First, as the figure below shows, almost everybody pays taxes, and in fact, when it comes to payroll taxes, the middle class pays a higher effective rate than the wealthy (because those taxes cap out at around $110K). Middle and low-income households pay an effective rate of about 9 percent on payroll taxes; the top 1 percent pays 2 percent; middle-income families pay 17 percent of the total payroll tax bill; the top 1 percent pays 4 percent. And state tax rates tend to be pretty flat.

2012-04-17-whopays.png
Source: Aron-Dine

Second, as the next figure shows -- and these are important data points in reference to the first fairness principle above (progressivity) -- the actual effective tax rates of the wealthiest families (taxes paid as a share of income) have fallen quite sharply, because a) supply-side tax cuts from the Reagan and GW Bush-era only partly offset by Clinton's progressive changes in '92, and b) their pretax income has grown so much more quickly than their tax liability.

2012-04-17-top1tax.png

In other words, the wealthy have been paying a larger share of federal income taxes not because their tax rates have gone up -- in fact, they've gone down. It's because they've been collecting the lion's share of the growth for decades.

A key factor here has been the large decline in the rate of taxation on asset-based income, like capital gains, and the much increased concentration of that income among the wealthiest families. Those changes are related -- once you advantage a particular income type, you're going to see more of it. And these dynamics are also related to the bubble and bust syndrome in which we've been stuck, along with the financialization of the economy, both of which are problems to be discussed another day... let's stick with fairness for now (though I could see another principle here: a fair tax system doesn't incentivize the underpricing of risk, leading to busts that invariably whack the have-nots who are then called upon to bail out the haves; in practice, this principle would militate ending the favored treatment of debt financing in the tax code... hey, I like that... let's call it principle #6!).

Anyway, that's the rationale for claiming the Buffett rule increases fairness: it partially repairs the diminished progressivity with respect to certain millionaire+ households, specifically those with most of their income from capital as opposed to wages.

Now, you might object to progressivity, but I'd argue you're starting from a different place than most of us. Sure, you'll find folks to agree with you -- advocates of the flat tax might join you, for example. But those of us invoking fairness are generally invoking the progressivity that has always been a bedrock feature in the federal income tax.

And that is as it should be, particularly in an era of so much pretax income inequality. The fact that tax code has become less progressive in a period when the pretax income distribution has become more unequal is another dimension of unfairness -- a violation of principle #2. The figure below shows that the system of taxes and transfers (which are, of course, related as the former pays for the latter) has become less of a bulwark against inequality over time. It shows that inequality grew 10 percentage points faster after taxes and transfers than it did before.

2012-04-17-Screenshot20120417at10.18.55AM.png
Source: CBO

I won't go through all the above principles, other than to say that #4 is clearly in trouble and this redounds to #3. Were we to follow the roadmap in the House Republican budget -- for that matter, any Republican, supply-side, trickle-down tax plan -- we would very much be violating those two principles, as these reverse-Robin-Hood schemes redistribute upward.

It's not simply that these plans lower taxes on the wealthy much more so than they do on the poor. It's that they leave us with too little revenue to help offset the disadvantages that block the opportunities of the least well off, that provide them a safety net in hard times, that help them meet basic needs of food and shelter. It is not at all hard to connect the dots between regressive tax changes and cuts in Pell grants, nutritional assistance, retirement security, and pretty much everything else.

Finally, despite all the predictable caterwauling, the only tax fairness principle that seems intact is #5. If you were rich or poor before tax day, you'll be so again tomorrow. Of that, you can be certain.

This post originally appeared at Jared Bernstein's On The Economy blog.

 

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09:55 AM on 04/18/2012
You should check out german taxes, way higher: www.mein-tagwerk.de
09:46 AM on 04/18/2012
Jared you really aren't putting forth a very good argument or explaining our current situation very well. So let's go back to basics. We are a market-based economy therefore:

Market(jobs) = Investors + Business Plan + Paying customers.

Leaving aside globalization which determines where the jobs are created. There is a proper balance between investors and paying customers. If government policy favors investors too much you get asset bubbles and if favors paying customers you get wage\price inflation. If the ultimate goal is to raise families, so we can procreate the species, than the solutions are rather clear. It's not a rich, poor divide nor is it about fairness, it's about creating and maintaining a functioning economic engine.

So here are my proposals to achieve a better balance. But it should be remembered that ALL income whether earned or unearned should be treated the same. And the government policies should at least lean toward paying customers a little, so that the investors actually get an ROI. Also this will be a multi-post due to HP's word limitation and on this thread may take days.
10:12 AM on 04/18/2012
Payroll Taxes: We don't live in the 1930's anymore and there is no going back. So in today's world of robots, illegal immigrants and globalization, it needs to adapt. So we should replace the payroll tax with a VAT or National Sales Tax except for 3-4% paid by the employee. This would leave the progressive\insurance nature of the tax intact, broaden the base and move the employer's contribution to point of sale.
10:14 AM on 04/18/2012
State Banks: HP Blogger Ellen Brown has written extensively about the possibilities of debt in relation to state banks and the fact that North Dakota has one but the concept needs to be expanded. The state bank would be the Main Street bank and fulfill the second part of the Fed's mandate which is to promote employment. It would invest in state anti-cyclical to the business cycle. It would provide a non-progressive state pension to any state resident that opts in, similar to an annuity using the 3% the employee saved with the VAT. This pension would then become the main financial vehicle for poor and young families instead of relying solely on the purchase of a house. And provide what once was called a defined benefit retirement plan.

What's more by investing in state before diversifying to Wall Street, we would bring a smile to Adam Smith's face. It's much more efficient to spend locally, first, instead of either sending the money to Wall Street and waiting thirty years for the multiplier effect or to give huge tax breaks to entice a company to locate in your state. Both of which are like closing the barn door after the horses are gone.
S M V
Give me your tired, your poor, Your huddled masses
09:08 AM on 04/18/2012
What we need from a tax system is far simpler than you are proposing.
1. The tax system needs to collect enough to cover NECESSARY government services.
2. It should be simple and easy to collect. (avoid wasting resources preparing and collecting taxes)
3. Beyond that it should encourage people to take actions that over the long term build a more prosperous society.
I will leave one and two alone for now and focus on #3.

Incentives:
Every economist knows that to give benefits based on income discourages work. Example: If you earn a benefit worth $5k as long as you earn less than $30k then people will avoid making the next $ over $30K even if they have to lie. The problem is of course if do not take the steps to earn that next $1 you will never make the $50+.
This reality makes progressive tax rates a counterproductive policy. This does not preclude high income earners paying higher taxes. With a flat tax rate clearly someone making $100K will pay more than someone making $50K.

Continued…
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Robert Frank
My last name is FRANK so thats what I am..
09:02 AM on 04/18/2012
Its common-sense (something most conservadope/redumblicans) that those who are acquiring the most resources from a society should pay more into the system...After all what's the point of having a govt if that govt chooses to allow some to amass obscene amounts of resources if others in that society do not even have enough to eat or a place to live or decent health-care? The redopes and conservaidiots would like things to be a dog-eat-dog world kind of like a jungle where only the strongest and smartest survive and everyone else is screwed and deserves only scraps.. They like to pick and choose who in society they feel deserves help and it doesn't include poor, minorities, etc..
07:37 AM on 04/18/2012
Rule #1 is in violation of this board's principles would be my guess. It implies that everyone should pay something when 54% are currently not paying federal income tax. So if you want to even continue past #1, fix that first.
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seegray
Nobody can bring you peace but yourself (Emerson)
08:22 AM on 04/18/2012
Why don't you fix your improper use of stats first?

The proper number is 47%....I swear it keeps growing each and every time you and your ilk post.
08:48 AM on 04/18/2012
Its 54% in 2011, the same way it was 51% in 2010, and 47% in 2009.

Why don't you keep your stats up to date?

More importantly, you realize that Obama actually confirmed the 54% a few days ago in a speech on the Buffet rule, right?
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Trepasky
Sanity is neither free nor easy
09:46 AM on 04/18/2012
If you really feel a need to make seniors (18%-25% of that number) pay taxes twice on their SS keep pushing the canard. Otherwise do some research.

Before the recession that number was 35% and we all know why that number got larger.
10:19 AM on 04/18/2012
Oh, I forgot, it's not like a huge number of people are already paying taxes (80%) on their social security benefit. Nevermind, that sort of double taxation is only fair for the top two quintiles and not the bottom three?
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EnvironChief
Environmental Engineer
06:40 AM on 04/18/2012
Yes, "everyone pays taxes", we all pay FICA and Medicare/cade taxes, because those taxes are SUPPOSE to fund specific programs....

BUT, about 47% pay NO Federal INCOME taxes...these taxes fund the Govt and we ALL use services from the GOVT....

The worst part is shown in this graph, that the bottom two "quintile" pay no Federal Income Taxes and GET MONEY FROM THE GOVT....I have no problem setting a number that if you make "less than this amount" you pay NO Federal Income Tax....But at the same time you will NOT get anything from the Govt
07:36 AM on 04/18/2012
54% don't pay income tax for 2011, fyi
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EnvironChief
Environmental Engineer
11:09 AM on 04/18/2012
Thanks I was going low
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seegray
Nobody can bring you peace but yourself (Emerson)
08:11 AM on 04/18/2012
Those with the lowest income in this country (the true "bottom 50%", which doesn't coincide with your rant about 47%) make just 13% of the TOTAL AGI for the entire country. 13%.

Why don't I hear you rantingabout that?
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EnvironChief
Environmental Engineer
11:12 AM on 04/18/2012
And they use HOW much of the Govt services????? Like I stated before (did not RANT) there might be an amount that if that's all you make, then you don't pay....but you get NOTHING "back" that you didn't pay in
05:36 AM on 04/18/2012
Get rid of all loopholes.
$0-50,000 - 5%
50,001 - 150,00 -10%
150,001-300,000 -15%
300,001 - 500,000 - 20%
500,000 - 1,000,000 - 25%
1,000,001+ 30%

Any $$ made on wallstreet - Same as above

political contributions 40%

No if, and's , or but's, no loopholes, no special NOTHING !
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seegray
Nobody can bring you peace but yourself (Emerson)
08:14 AM on 04/18/2012
I'd break down your lowest bracket further. 5% of 15k (much less anything less than 15k) doesn't really compare well with 5% of 50k.

Otherwise, I like it.
08:44 AM on 04/18/2012
The only thing I would change is the capital investment rates. Make them progressive over time. Short term capital gains taxed higher and long term taxed lower. This should promote investment, not gambling. The stock market is supposed to be a place for companies to go and acquire capital by selling ownership of the company. Not a place to go legally gamble. If a person's sole income is from investment then it could be taxed at income rates. You could also tax based on the amount of income received from investments as a share of total income.
The other thing to consider is if the income is retirement. If the person is receiving investment income for retirement and it is their only income, they are of retirement age, then the tax rate could be adjusted in a reasonable manner to allow for a good retirement.

If we tax capital investment at the same rates as income, then we risk stifling capital investments and savings which are a large portion of our economy. There is certainly room for change and improvements.
05:11 PM on 04/18/2012
I don't know jack investing, other than I don't have enough $$$ to play on wallstreet and make a killing on it. But your idea sound fine. I agree that retiree's/fixed income people would need some ...help.
D-Driller
my micro-bio is empty
05:29 AM on 04/18/2012
Too bad the politicans squabble about "Buffet" taxes and "Taxes on the poor" and all of this nonsense - none of it makes a bit of difference at the end of the day. 47% of people don't pay taxes - why do they care who pays what they don't? The problem we have in this country is that, once again, we've gotten away from the way things were done when the country was founded. They had two types of taxes; what we would call "luxury taxes", and Import/Export tax. If you made something here in the US, and sold it overseas, you paid a small tax, but a tax nonetheless. If you imported something into the US, you paid a larger tax because, let's face it, for a healthy economy, you should not be importing very much - you need to export to do that. And so, between those two taxes, we functioned pretty well for over 100 years, until someone got the birght idea to start an Income Tax. That last a few years, until it was found to be UNCONSTITUTIONAL. That's right - we're on the second go-around for the Income Tax. The first time, it was truck down. Pol's had to wait until those judges dropped dead, and more "progressive" ones were benched, before it miraculously became okay to tax people's labor. Amazing... Think how much better off we'd be if we taxed Imports (and thereby helped to create American Jobs in America...)...
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shaunmarie
Proud Member of the 47%
06:24 AM on 04/18/2012
Everyone pays taxes. You need to re-read this article.
D-Driller
my micro-bio is empty
07:36 AM on 04/18/2012
I'm using the number the author himself used in his own article. You need to re-read this article.
07:38 AM on 04/18/2012
Everyone dies too, right?

Just because everyone pays a tax, somewhere, at some point, does not mean they are participating in the support of anything.

IE: Paying state/local taxes does not mean a damned thing to the federal government, nor does it entitle that person to scream for more federal spending/subsidies for themselves with a leg to stand on.
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Trepasky
Sanity is neither free nor easy
09:48 AM on 04/18/2012
"47% of people don't pay taxes - why do they care who pays what they don't?"

Yes and 18-25% of them are seniors on SS and were already taxed once. Do you want to tax them again?
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Alux
Pull the Wool Over Your Own Eyes!
12:49 AM on 04/18/2012
6th Rule: In an election year, when the ruling party cannot run on its accomplishments, its only alternative is to demonize the opposition.

The Dems are making the Republicans out as the party of the rich simply because it wants to reduce the size of government.

When a government borrows more than 42 cents of every dollar it spends, some people would say that's not sustainable. Dems say, let's Pahrtay in Vegas!
03:53 AM on 04/18/2012
Send the Secret Service to get the Secret girls
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shaunmarie
Proud Member of the 47%
06:28 AM on 04/18/2012
For 30 plus years, the republicans have talked about "reducing government" - and under each R administration, the size of the Govt increased (while services diminished).

When Republicans discuss diminishing the size of government, in fact what they are talking about is reducing services, diminishing social services, privatizing essential government duties, and disenfranchising as many people as possible. When they start discussing reducing the size of our military, I might just take them seriously.
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rickyleepotts
A content specialist, author, golfer, and scuba di
12:11 AM on 04/18/2012
Taxes seem pretty simple to me... But I don't understand why people who make more pay less. It should be the other way around.
08:58 AM on 04/18/2012
By pay less, do you mean as a percentage or actual dollars? The rich pay about 25% effective rate when all is said and done. Some pay more, some pay less. This takes into account the income from capital investments (15%) and standard income (salary, contracts, bonus, etc.. at 35%). Count in the deductions and you get down to the 25% rate.

IMO, the problem isn't the tax rates or even what they pay. It's that they make so much more then everyone else. It's the fact that their income has risen while the middle and lower classes' income has stayed or even shrunk in some cases. The Buffet rule expects to raise about $47 billion over 10 years. While it may make things "fair" in the minds of the people, it does nothing to solve the spending issues at hand. $1.3 Trillion in deficit spending this year alone.

The tax system needs to be changed, no doubt, but spending also needs to be handled much better. And spending so much time and energy on something as trivial as the "Buffet rule" is trivial. Neither party is solely responsible or solely innocent.
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SonicUltimate
12:38 PM on 04/19/2012
The problem is systemic starting with the low tax rates.  Our tax rates were much higher pre 1980s, wage/income differences between top officers and everyone else were substantially smaller and investment back into American businesses was much greater resulting in much higher revenues to cover all those nice social safety net programs.

As tax rates declined though, revenues fell and the promised reinvestment from those making more money never happened thus stifling not only tax revenues but the entire GDP.  We have a revenue problem in both the public and private spheres.  Spending in the public sector can be trimmed, but never to the extent we need t to be to trim the debt substantially.  

We need revenue to grow our way out, and since that has failed to be reinvested voluntarily by our captains of industry it is time to revisit the social contract that affords them such low taxes.
11:27 PM on 04/17/2012
One problem with a fairer tax system would be to make it more complicated. The ATM is one example of trying to achieve some fairness but making things more complicated, as is the many and ever changing deductions, earned income credit, redefinition of deductions to remove abused ones. Thus the real fight is to achieve true fairness and to do so that a typical American doesn't need professional help to pay the 'right' tax.
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xanas
libertarian, voluntarist, anarchist
10:42 PM on 04/17/2012
What's fair? I think voluntary contributions are fair. Anything else is theft.
Viper
Former repub, still repenting
12:08 AM on 04/18/2012
So I guess you dint use the highwayss, or util;ities....or schoools...


Do you think your taxes go into a black hole and are never spent back into the economy and dont come back to you and if you leave in the red states,. more comes back to you than you pay in by 50% on avg...

Does where you work sell products to the government directly or indirectly, or are government workers your customers, or do your kids get an education?

Is there a defense contractor in your area or a military base....

If yu say NO, then you are BSing yourself...

regards
S M V
Give me your tired, your poor, Your huddled masses
09:51 AM on 04/18/2012
Or xanes would prefer those service not be funded using tax payer money.

And yes much of the tax money we pay goes into a bottomless pit called Washington. The benefits to society are smaller than if the money was left to the individual that earned it.

You are only looking at the benefits that emerge from the money that government spends, not the benefits that would have occured if the money was left to the private sectory and invested productivly.
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xanas
libertarian, voluntarist, anarchist
10:04 PM on 04/18/2012
It's so irritatingly mundane and commonplace for the statist to assume that without the state running something it just couldn't exist. I don't claim the state doesn't exist or that I don't interact with it regularly. On the contrary, I recognize that exists and believe it is guilty of many evils that it pays for by confiscating wealth. These include the wars overseas but also the wars at home such as the drug war.
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seegray
Nobody can bring you peace but yourself (Emerson)
08:17 AM on 04/18/2012
Fine. Don't use a single thing for which our taxes are used.

If you make that promise....we're good.

Before you agree, you may want to go research all the things our taxes pay for.....
S M V
Give me your tired, your poor, Your huddled masses
09:52 AM on 04/18/2012
Fine - Don't collect the taxes than and I will not use the thing that are not built with the tax money that is not collected.
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xanas
libertarian, voluntarist, anarchist
10:04 PM on 04/18/2012
See reply to viper.
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10:31 PM on 04/17/2012
Tax the rich until they leave the country. We can get along just fine without them.
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rickyleepotts
A content specialist, author, golfer, and scuba di
12:12 AM on 04/18/2012
Everyone should pay the same rate, whatever rate that may be.
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BBackSoon
Hello, I must be going.
12:45 AM on 04/18/2012
Nope, flat is not fair.
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seegray
Nobody can bring you peace but yourself (Emerson)
08:18 AM on 04/18/2012
Where are they going to go?

No, really, name a place.....then we'll talk.
S M V
Give me your tired, your poor, Your huddled masses
09:56 AM on 04/18/2012
Sweden is significantly lowering taxes on the wealthy to attract them back to the country. Many other countries in Europe do not tax income earned in other countries to attract the wealthy.
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12:02 PM on 04/18/2012
China
10:27 PM on 04/17/2012
I started a service business in a major metro 4 years ago. I won't bore with how hard I worked, blah blah blah, in the fourth year in business, I grossed $540,000, with Sub S income of $256,000, out of which I took a salary of $110,000, the balance passed through as dividend income.

How many dollars in total tax should I pay?
Viper
Former repub, still repenting
11:33 PM on 04/17/2012
No, it did not pass thru as dividend income.. it passed thru as a K1 distribution...If it was a dividend, which only applies to C Corps, it would be tax ed at 15%.


So basically you had income after expenses of 540K minus 256K...

You paid P/R taxes(soc sec, medicare) of about 16% on your wages...

Your income was 256K totaling .very good placing you in the top 2 percent...


You paid less taxes on that earnings, less than at any time on our history, since around 1929.... be happy... You did good! And likely paid abiout twice as much as itt has paid during mpost of his career at Bain and after except the period when in 1987 Reagan raised cap gains to 28%, to make the tax sturctuer fairer.. that dam Commie!.


regards
Viper
Former repub, still repenting
11:39 PM on 04/17/2012
You don know the government is fare from wealth horader like the wealthy, which reduces economic activity.... your tax money does not go into a black hole....

If you look around at your business, i will bet you 10K (lol) you find that the money you pay in likely comes back to you... and if you are in a red state which gets back 50% more than they pay in.. well thats a guarantee..
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seegray
Nobody can bring you peace but yourself (Emerson)
08:20 AM on 04/18/2012
faved for the 10k bet, Viper.
08:49 PM on 04/17/2012
Figures lie and liars figure. This guy is trying to justify the payeoll tax rate percent to the income tax percent......the bottom line is still 47% are paying NO Income tax, which is what runs the federal government. Payroll and state taxes are a separate program entirely. Quit with the income distribution and inequality crap and let's revise the tax program for all.
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mlambush
Socialist...not a liberal
09:01 PM on 04/17/2012
Yeah, a guy making 18,000 pays no federal taxes. If that's not the Life of Riley I don't know what is.

Get a perspective.
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B Powell
Accurate fact trumps loud emotion, always.
09:23 PM on 04/17/2012
That's because 47% have an effective AGI that is under $7300 a year if you're married, and $3650 if youre single. If you think that is getting over, why don't you take a Job at McDonald's, and you can have your tax break of 100% as soon as you start working.

I need to know how you can rationalize this!
10:39 PM on 04/17/2012
Actually:

The vast majority of households making up to $30,000 fall into the category, as do nearly half of all households making between $30,000 and $40,000.

Nearly 22% of those making between $50,000 and $75,000 end up with no federal income tax liability or negative liability as do 9% of households with incomes between $75,000 and $100,000.
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12:59 AM on 04/18/2012
How do you know he didn't have a job at McDonalds. If you stay in school thru the 12th grade you have the means to take care of yourself. If you drop out and cant make ends meet, well that is all on you. There are to many people without basic life skills in this country. Our public schools and the government that created them along with our handout society has given to us two or three generations of adults who either cant or wont take care of themselves. No amount of tax increase is going to fix that.