This chapter provides a comprehensive overview of the Federal Income Tax in the United States, examining its social and economic impact, historical evolution, and inherent complexities. It begins by highlighting the seemingly irrational behaviors of wealthy Americans, all driven by exploiting tax loopholes and avoidance strategies. These behaviors, such as strategically timing marriages, engaging in unprofitable business ventures, or temporarily relocating abroad, illustrate the pervasive influence of tax law on individual decisions.
The chapter emphasizes the significant economic reach of the income tax, affecting virtually every business and individual. It highlights the sheer volume of individual tax returns filed and the vast proportion of government revenue generated through income taxes, solidifying its position as the "tax" in the public consciousness. The author mentions, in one case, a plaque in Venice’s Basilica of San Marco acknowledging contributions being “deductible for U.S. income tax purposes.”
A central theme is the critique of the income tax system as being neither logical nor equitable. The author argues that the progressive tax rates are undermined by numerous loopholes, allowing the wealthy to avoid paying their fair share. The text highlights the discrepancy between the high tax rates on paper and the much lower effective rates paid by high-income earners. The chapter asserts that the labyrinthine nature of the tax code, encompassing thousands of pages of laws, regulations, and court rulings, creates a system that ordinary citizens cannot navigate without expensive professional advice, leading to an undemocratic state of affairs.
The chapter then delves into the historical evolution of income tax, tracing its origins from ancient head taxes to early attempts at income taxation in Florence and France, both fraught with corruption and inefficiency. The chapter then highlights Britain's enactment of the first modern income tax in 1798. Britain faced its fair share of criticism and problems stemming from the tax but ultimately habituation and economic need kept the tax in place and led to other nations instituting their own. The chapter recounts the U.S.'s initial reluctance, marked by failed proposals and constitutional challenges, including an 1894 supreme court case. Eventually, in 1913, the 16th Amendment legalized income tax, setting off an upward spiral for rates and exceptions. It chronicles the increasing rates during wartime, the subsequent easing in the 1920s (and special provisions for capital gains), and the revolutionary wartime era that brought the average industrial worker into a new tax bracket.
The chapter scrutinizes specific loopholes, such as tax-exempt municipal bonds, capital gains provisions, stock options, tax-free foundations, and the highly controversial percentage depletion allowance for oil. It elucidates how these provisions benefit the wealthy by allowing them to convert ordinary income into capital gains, defer taxes, or deduct expenses beyond their actual costs.
The author also examines the complexities surrounding deductions for travel and entertainment expenses, highlighting the absurdities and philistinism ingrained in the post-1963 regulations. It touches on the perceived discrimination against intellectual work and creative artists due to the lack of depreciation allowances for their mental capacities and income volatility.
The chapter concludes by discussing potential avenues for reform, including the abolition of the income tax altogether (deemed politically unviable) and the implementation of alternative tax systems such as value-added taxes, excise taxes, user taxes, expenditure taxes, and federal lotteries. Ultimately, the author suggests that the most promising path forward lies in simplifying the code, eliminating loopholes, and addressing the systemic complexity that favors the wealthy and requires extensive reliance on expensive professional tax advice. The chapter ends with a call for a more equitable and transparent income tax system that reflects the country's values and priorities.