The Paradox of Taxing the Rich

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Edward J. McCaffery

Abstract

America does not tax its richest citizens, such as Elon Musk or Jeff Bezos, at all. This Article argues that part of the reason is the paradox that under current income tax law and theory, taxing the rich would cost resources that could be made available to benefit the not-rich. The Article explores the paradox in theory and practice, then points to ways to move beyond it. Taxing the rich will mean accepting compelling justifications for doing so other than providing resources to the not-rich. We must either pay the price or reset the terms of the debate to move society forward by breaking up large concentrations of private wealth.

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