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Does the Tax Law Discriminate Against the Majority of American Children: The Downside of Our Progressive Rate Structure and Unbalanced Incentives for Higher Education?

40 Pages Posted: 16 Nov 2004  

Lester B. Snyder

University of San Diego School of Law

Abstract

Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business - by far the majority of American income - is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This article explores these tax broader (yet subtle) tax benefits and their impact on the majority of children seeking a higher education. Proposed solutions to this lack of uniformity are discussed.

Keywords: income tax, progressive rate structure, higher education

JEL Classification: H20, H24, H29, I22, K10, K34

Suggested Citation

Snyder, Lester B., Does the Tax Law Discriminate Against the Majority of American Children: The Downside of Our Progressive Rate Structure and Unbalanced Incentives for Higher Education?. San Diego Law Review, Vol. 41, No. 3, 2004. Available at SSRN: https://ssrn.com/abstract=620823

Lester B. Snyder (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-4613 (Phone)

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