geojanes wrote:Sorry Duke, you clearly don't do tax law.
No I am a land use and municipal law attorney (at least that was my intent in law school) with a side interest in Con Law (that I am hoping will become a job if one of my application pan out) All of my tax law is remembered from Fed Tax class 5 years ago.
geojanes wrote:Cap gains and dividends ARE income. I'm not arguing it, it's what the IRS says. You're saying that they're not and you're making that up. You have ordinary income and you have capital gains and you have dividends. They are ALL income and they are all subject to INCOME tax. They are just taxed at different rates.
Well first, @#$! you on the accusation of making stuff up. The difference here is you are arguing definitions and I am arguing perceptions. Investment income is not currently taxed at income tax rates. Therefore, if the "Income Tax brackets" are increased from 35% to 38% there will be no change in amoung of taxes paid on the capital gains and dividends. When the common voter is thinking about raising taxes on rich people they are thinking about increasing the brackets.
geojanes wrote:And, I'll say it again, no one will ever pay 35% on ordinary income because you pay 35% on ordinary income AFTER DEDUCTIONS, which allows you to keep some money you earned tax free. Since everyone has some deductions, they MUST pay less than 35% of their income in taxes, sometimes A LOT less. It's just math.
Ok, I am not sure I understand this. The 35% bracket starts at approx $380,000. Anybody that makes over that in ordinary income after deductions pays 35%. Your position is that nobody pays that because they get enough deductions to bring it down to below $380.000. My father-in-law retired from E-Y as the Director in the International Business Technology Dept two years ago. I believe at the time he had an annual salary close to $500,000 a year (I could be wrong about that). Your telling me that he was able to come up with $121,000 in deductions to take him out of the 35% tax bracket? I find that math hard to believe.
geojanes wrote:It's a very frustrating topic for me because smart people like yourself are stating opinions and talking like you know something when you're making shit up. Just because "most people" believe something, doesn't mean that it is right. What's really important when it comes to income tax policy in America is that the very richest among us pay the lowest tax rates. I believe that's grossly unfair, and you may not, fine, but to boil this discussion down to top marginal rates without a corresponding discussion of cap gains/dividends and deductions is a red herring,
Again @#$! you for accusing me of making shit up. And again, You are arguing laws. I am arguing perceptions. The common voter has no understanding of the difference between ordinary income, capital gains and dividend income. When you ask them about raising taxes on rich people they are thinking about raising the rates on ordinary income from 35% to 40%. Further, I am not arguing for or against either position. I am telling you how it will be played in the campaigns, i.e. discussing the perceptions.
However, given that neither Democrats nor Republicans will change the laws to put cap gains and dividends back into the ordinary income definition, discussing it would be a waste of time. Even if Democrats did try to make it an issue it would fail. They can't sell it. First off the whole concept is mind numbingly dull so nobody would pay attention. All the Republicans have to counter with is bottom 40% pay no income taxes at all. Second, the lobbying to oppose it would be too great.