Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


Most under-appreciated thing about Warren Buffett: he built Berkshire to last well beyond him.  (LAC, at BRK annual meeting via Motley Fool, here.)

University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Hawk Circle on Mr. Buffett Joins a Board

    • Shag from Brookline on National Referenda

    • PrometheeFeu on Tumblr, Porn, and Internet Intermediaries

    • Kyle on Contract Evolution

    • Bruce Boyden on Tumblr, Porn, and Internet Intermediaries

    • Orin Kerr on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Guy Spier on Symposium Redux: Essays and Lessons

    • John Mihaljevic on Is Berkshire Hathaway Really a Psychology Experiment?

    • Sy Lorne on The Many Audiences of Buffett's Letters

    • Lawrence Cunningham on The Skeptical Principal

    • Lawrence Cunningham on Berkshire's Dividend Policy: Part II

    • Lawrence Cunningham on The Many Audiences of Buffett's Letters

    • Lawrence Cunningham on Deals without Bankers: Salomon and Benjamin Moore

    • Brett Bellmore on National Referenda

    • Gerard Magliocca on National Referenda
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

The Ten Million Dollar-per-week Club

posted by Frank Pasquale

Many commentators on inequality have focused on bonus culture at financial firms. Finance professionals do represent about 18% of taxpayers in the top tenth of one percent, as Bakija & Heim have shown. (In 2005, the minimum income for joining the top 0.1% was $1,246,000.) But Bakija & Heim also found that “executives, managers, and supervisors” at nonfinancial firms made up about 41% of the top 0.1% earners. And when we look at recent payroll tax data, as David Cay Johnston has, the unequal share of income at the very top of this rarefied group is nothing less than spectacular:

The number of Americans making $50 million or more, the top income category in the data, fell from 131 in 2008 to 74 last year. But that’s only part of the story. The average wage in this top category increased from $91.2 million in 2008 to an astonishing $518.8 million in 2009. That’s nearly $10 million in weekly pay! . . . .

Since 1980, the bottom 90 percent of Americans have seen their incomes go nowhere, while on the highest steps of the income ladder, the further up you are, the greater your gains.

Johnston’s analysis is worth reading in full. We’re moving from a “winner take all society” to a “winner take all politics,” as Hacker and Pierson have shown. Many in the ostensibly populist “Tea Party” resist any taxes to address this inequality, while somehow the “left” position seems unable to distinguish between the taxation of a surgeon making $400,000 and a tycoon making $400,000,000. Indeed, the main goal of some key Clinton and Obama era advisors seems to be to join the club: Robert Rubin collected more than $115 million in compensation.

We often hear about “shared sacrifice” today. If we don’t see more graduated income tax rates at the very top, it will be difficult to resist the suspicion that “austerity” is a guise for, once again, increasing the share of national income at the very top.


 October 25, 2010 at 9:42 am   Posted in: Law and Inequality, Tax, Uncategorized   Print This Post Print This Post

Responses (8)

  1. Orin Kerr - October 25, 2010 at 10:14 am

    Johnston writes:

    *******
    The number of Americans making $50 million or more, the top income category in the data, fell from 131 in 2008 to 74 last year. But that’s only part of the story. The average wage in this top category increased from $91.2 million in 2008 to an astonishing $518.8 million in 2009. That’s nearly $10 million in weekly pay! . . . .
    *******

    Given that we’re only talking about 74 people in a country with more than 300,000,000 people, isn’t it likely that this figure was the result of a few specific incomes by a handful of specific people that dramatically altered the mean rather than some broader trend in the national economy? For example, Mark Zuckerberg of Facebook made $3.4 billion in 2010, which is going to throw off the averages.

  2. Frank Pasquale - October 25, 2010 at 1:08 pm

    True, people like Zuck may skew the data for the “over-50 million crowd.” But to the extent they do, I think that supports a more graduated tax. If a centimillionaire deserves to be taxed at a higher rate than a millionaire, then a billionaire ought to be taxed at a higher rate than a centimillionaire. Neither the centimillionaire nor the billionaire will face financial hardship in life (unless they make spectacularly bad investment choices), but the billionaire is even further away from hardship than the centimillionaire.

  3. Lawrence Cunningham - October 25, 2010 at 2:20 pm

    “Mark Zuckerberg of Facebook made $3.4 billion in 2010″? I’d like to know how. My reckoning suggests Zuck’s income this year will probably be closer to zero than to that figure.

    Facebook’s business value may currently be in the multi-billions, as estimated by investors like Microsoft and magazines like Forbes. And Zuck reportedly owns a big chunk of that, which Forbes guesses is worth about $4.9 billion. But, that’s an asset, not income, so isn’t subject to income taxation.

    As I understand it, Facebook as a business isn’t yet ringing up regular profits, though the potential is there. Zuck’s personal taxable income can’t be but a small fraction of these figures, probably small enough to mean he isn’t even close to the $50 million per year income club. And depending the timing, form and treatment of his reported $100 million charitable donation to Newark schools, he may not have taxable income for many years to come.

    Of course, that’s just my reckoning and I may be way off, since Facebook isn’t a public company. I’d be eager to be corrected.

  4. Orin Kerr - October 25, 2010 at 5:00 pm

    Larry,

    I found that off the web but now I think it was wrong — my apologies.

    Frank,

    If the only question is financial hardship in life, then presumably 100% of income in the many millions should be taxed. Do you favor that?

  5. Frank - October 25, 2010 at 8:36 pm

    I would favor international agreements gradually ratcheting up taxation to near an 80% marginal rate for earnings above $100 million per year, along with strong international surveillance mechanisms to prevent earnings from migrating to “secrecy jurisdictions.” Without international agreements, it would be very hard for any country to go that high, though the Scandinavians may well be near that level.

    I would allow certain fortunes not to be taxed the full 80% marginal rate, for those who found or funded solutions to problems that are pressing needs (cures for chronic diseases, green energy–and happy to entertain plenty of other possibilities).

    I would hope that “libertarians of the second-best” might find some appeal in this proposal, particularly to the extent they worry about regulatory capture and mutual favors between big government and big business. Many of the largest fortunes owe a great deal to sweetheart government contracts, favorable regulatory decisions, etc. (Think of Carlos Slim’s telecom extravaganza in Mexico.)

  6. Ante Uppasta - October 26, 2010 at 3:28 am

    And mean while as the government allows them to enjoy their golden parachutes and disgustingly large bonuses, students everywhere are facing education debt at levels never seen before in our country. How about giving them at least the chance to file bankruptcy to discharge their loans, huh Obama??: http://lawblog.legalmatch.com/2010/10/25/should-jobless-graduates-get-a-tuition-refund/

  7. john chung - October 29, 2010 at 12:55 pm

    Frank, I think you’ve identified a big part of the problem against higher taxes. Many who oppose higher taxes on the rich think that rich means making high six-figures a year because those are the only kind of rich people they know. Very few people have met anyone who makes $1 million a month, a week, or even a day. I would guess most tea-partiers fall into this category because of their demographics. There are more people than one might think who live a life that is beyond comprehension to most people.

  8. Etienn Couret - December 29, 2012 at 1:40 am

    If a centimillionaire DESERVES to be taxed at a higher rate than a millionaire, then a billionaire OUGHT to be taxed at a higher rate than a centimillionaire. Neither the centimillionaire nor the billionaire WILL FACE FINACIAL HARDSHIP (unless they make spectacularly bad investment choices), but the billionaire is even further away from hardship than the centimillionaire.

    These judgements have no place in policitcs. The politics of fairness. It makes no sense. These aren’t small town common sense ordinances that help us form our local society.
    The tax system is a all encompassing resource allocation program meant to address the cumulative societal ills that cost our society more because we ignore them. We should talk about optimal tax rates rather than more progressive or regressive. Rates that maximize both revenue generated and economic output. While i tend to agree that lowering taxes is stimulative, lowering tax rates isn’t always offset by increased productivity and therefore increased tax revenues.

    We should frame our public debates around optimal solutions and efficiency. Too often the issues are framed around equity, fairness, and balance between haves and have nots. This necessarily divides people. If optimal solutions are sought than no one can argue that their viewpoint is better for the country. The alternative is “things are fairer this way because I’m in power.”

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress