Published
Tax the rich
"Tax the Rich": The Policy Behind the Slogan
The 91 percent tax bracket of the 1950s, the wealth tax bills that followed it, and what leaked IRS files show the richest Americans actually pay now.
The story
#storyNinety-one percent. That was the top marginal federal income tax rate on income above roughly $200,000 for most of the 1950s, through both of Dwight Eisenhowerâs terms, touching 92 percent for two of those years. Todayâs top rate is 37 percent. âTax the richâ reads like a bumper sticker, but for three decades it was close to a description of the actual tax code, and the record behind both numbers, the 91 and the 37, is public.
The 91 percent bracket
The modern federal income tax started small. The Revenue Act of 1913 set a top rate of 7 percent, applied only to the highest incomes in the country. Two world wars pushed it up in stages, and by 1944, funding the second one, the top bracket reached 94 percent on income above $200,000. When the war ended, Congress did not undo the structure. The top rate held at 91 percent for 1950, 1951, and 1954 through 1959, and reached 92 percent in 1952 and 1953, all on that same $200,000 line, according to the Tax Foundationâs historical rate tables. A Republican administration ran the country for most of those years and left the bracket alone.
The honest asterisk on the number: almost nobody paid 91 percent of anything. The threshold, about $2 million in todayâs dollars, caught fewer than 10,000 households a year, and even those households mostly avoided the top marginal rate through deductions, shelters, and income that was never reported as ordinary wages in the first place. The Tax Foundationâs own analysis puts the top 1 percentâs actual average federal income tax rate across the 1950s at about 16.9 percent. The 91 percent bracket was real law. The gap between that law and what people actually paid is also real, and it is most of the story.
Down to 37
The rate has moved several times since, mostly downward. The Revenue Act of 1964, the tax cut John Kennedy proposed and Lyndon Johnson signed after Kennedyâs assassination, cut the top rate from 91 to 70 percent, phased in through 1965. Ronald Reaganâs Economic Recovery Tax Act of 1981 dropped it to 50 percent, and the Tax Reform Act of 1986 cut it again, to 28 percent, effective for the 1988 tax year. It climbed back up to 39.6 percent under the American Taxpayer Relief Act of 2013, before the 2017 Tax Cuts and Jobs Act set todayâs 37 percent, where it has stayed.
Taxing wealth instead of income
An income tax applies to what a person earns in a year. A wealth tax, the policy both Bernie Sanders and Elizabeth Warren ran on in the 2020 Democratic primary, applies to what a person already owns, every year, sold or not. Sandersâs 2019 plan started at 1 percent on a married coupleâs net worth above $32 million, then rose in steps: 2 percent above $50 million, 3 percent above $250 million, 4 percent above $500 million, 5 percent above $1 billion, 6 percent above $2.5 billion, 7 percent above $5 billion, and 8 percent on everything above $10 billion, a structure the Tax Foundation estimated would reach the top 0.1 percent of American households. Warrenâs Ultra-Millionaire Tax Act, introduced with Representatives Pramila Jayapal and Brendan Boyle in March 2021, aimed narrower: 2 percent a year on net worth between $50 million and $1 billion, and 3 percent total above $1 billion, on the top 0.05 percent of households. Warrenâs office projected $3 trillion in revenue over ten years; the economists who costed Sandersâs plan, Emmanuel Saez and Gabriel Zucman, put its ten-year yield at $4.35 trillion. Neither bill passed. Alexandria Ocasio-Cortez raised a related but different idea on 60 Minutes on January 6, 2019: a 70 percent marginal rate on income above $10 million, not a wealth tax but the same logic behind the 1950s bracket, taxing the money after a certain point harder than the money before it.
Warrenâs bill also tried to solve the problem a wealth tax runs into immediately: how does the IRS know what a private company or a stock portfolio is actually worth, and what stops an owner from moving both somewhere the tax cannot reach. Her text set a minimum audit rate of 30 percent for anyone subject to the tax and added a 40 percent exit tax on any US resident worth more than $50 million who renounces citizenship to get out from under it. Renouncing citizenship over a proposed tax is a real option for someone with $50 million; it is not one most workers have ever needed to consider.
What the leaked IRS files showed
In June 2021, ProPublica published leaked IRS data on thousands of the wealthiest Americans, reporting each personâs true tax rate: federal income tax actually paid, measured against how much their wealth grew, not against what they reported as taxable income. Between 2014 and 2018, the 25 richest Americans saw a combined $401 billion increase in wealth. Over that same span they paid $13.6 billion in federal income tax, combined, a true tax rate of 3.4 percent. Warren Buffettâs was the lowest of the 25: his wealth grew $24.3 billion in those years, and he paid $23.7 million in federal income tax, a true rate near 0.1 percent. Jeff Bezos paid no federal income tax at all in 2007 and again in 2011; across 2006 to 2018, as his fortune grew $127 billion, his true tax rate ran about 1.1 percent. Elon Musk paid nothing in 2018. None of it broke any law. Stock that has not been sold is not income under the tax code, so a fortune can add billions in a single year while the tax bill stays close to zero, which is the gap a wealth tax targets directly.
The 2021 dress
On September 13, 2021, Ocasio-Cortez wore a white gown to the Met Gala with âTax the Richâ lettered in red across the back, designed by Aurora James. It put the same idea from her 2019 television remarks on a red carpet two and a half years later, spelled out this time instead of argued.
Who actually agrees
Gallup has asked Americans about âheavy taxes on the richâ since 1939, when only 35 percent approved. When Gallup asked again in 1998, 51 percent still disapproved. Majorities have backed it in most readings since 2013, including 52 percent in 2022, with Democratic approval near 70 to 79 percent and Republican approval near a quarter to a third. A February 2024 poll for Navigator Research, conducted by Global Strategy Group among 1,000 registered voters, found 79 percent supporting higher taxes on the rich outright, including 63 percent of Republicans. The slogan and the 1950s tax bracket sit on the same side of most polling taken since. Neither one became law.
Argue it
#argue4 claims about Tax the rich you can make out loud, the best case against each one, and the answer. Every number links to where it came from.
-
Claim 1
The Supreme Court has never ruled a wealth tax unconstitutional, and in 2024 it went out of its way not to.
The evidence
No federal wealth tax has ever reached the Supreme Court, so no ruling exists striking one down. The closest case is Moore v. United States, decided June 20, 2024 by a 7 to 2 vote upholding the tax at issue. The majority declined to decide whether the Sixteenth Amendment requires income to be realized before Congress can tax it, calling that a question the Court did not need to resolve.
Their best case
Joseph Bishop-Henchman of the Tax Foundation argues the Constitution bars federal direct taxes not apportioned by population, that the Sixteenth Amendment carved out only income taxes, and that a wealth tax on what a person owns, with no transaction or transfer involved, looks more like the direct tax the Constitution restricts. His own stated conclusion is that a wealth tax like Warren's would likely be found unconstitutional.
The answer
Bishop-Henchman concedes in the same post that the case is not a sure thing, because the precedents cut both ways and the Court had not addressed the question in decades. Moore left the gap open rather than closing it: the majority upheld a tax on income shareholders never received while refusing to rule on realization, while four justices, two concurring in the judgment and two dissenting, wrote that realization is required. The Court's most recent look at the issue ended without deciding it, which makes this an open fight rather than a settled bar.
-
Claim 2
Wealth taxes failed in Europe because the rich could just leave. Warren's bill taxed the leaving.
The evidence
Nine European countries, Austria, Denmark, Finland, France, Germany, Iceland, Luxembourg, the Netherlands, and Sweden, ran wealth taxes and then repealed them, and the Cato Institute's Adam Michel and Chris Edwards attribute the repeals to economic damage and administrative costs that outweighed the revenue. The Ultra-Millionaire Tax Act Warren introduced in March 2021 wrote in a 40 percent exit tax on anyone worth more than $50 million who renounces citizenship to escape it, plus a minimum 30 percent audit rate for anyone the tax covers.
Their best case
Michel and Edwards, writing for Cato, hold that wealth taxes raise little revenue, drive capital flight, add complexity, and get riddled with loopholes wherever they have been tried, which is why nine wealthy democracies abandoned theirs rather than fix them.
The answer
Capital flight is one of the failures Michel and Edwards name, and it is the one Warren's bill puts a price on: 40 percent of net worth above $50 million to renounce citizenship, plus a minimum 30 percent audit rate for every household the tax covers. Emmanuel Saez and Gabriel Zucman, the economists Sanders commissioned to cost his 2019 plan, put its ten-year yield at $4.35 trillion after building in avoidance and evasion. Charging for the exit changes the experiment that failed abroad.
-
Claim 3
The 91 percent bracket never collected 91 percent. It still capped what the top could pay itself.
The evidence
The Tax Foundation puts the top 1 percent's average federal income tax rate across the 1950s at about 16.9 percent, so the bracket raised far less than its headline rate implies. Economists Thomas Piketty, Emmanuel Saez, and Stefanie Stantcheva calculated in a 2014 paper that the revenue-maximizing top tax rate, once labor supply, tax avoidance, and pay bargaining are all counted, comes out near 83 percent, close to where the 1950s bracket actually sat.
Their best case
The Tax Foundation's historical analysis treats the low effective rate as the whole story: a bracket few people paid in full, that likely pushed high earners toward avoidance and unreported income rather than raising the revenue its headline number implies.
The answer
Piketty, Saez, and Stantcheva measured something other than revenue collected: how much of a company's income executives could take for themselves. Their comparative data found CEOs paid more, on average, in countries with lower top tax rates, and that the rise in top 1 percent income shares since the 1970s tracks the fall in top tax rates more closely than any gain in productivity. A bracket can fail as a revenue tool and still work as a ceiling on executive pay, which is the job the effective-rate critique never measures.
-
Claim 4
The top 1 percent's tax share looks huge because the income tax never sees most of what they gain.
The evidence
The top 1 percent of taxpayers paid 40.4 percent of all federal income tax in 2022 on 22.4 percent of adjusted gross income, at an average rate of 26.1 percent, according to the Tax Foundation's analysis of IRS data. ProPublica's 2021 investigation into leaked IRS files found a different number for a narrower group: the 25 richest Americans paid a combined 3.4 percent true tax rate between 2014 and 2018, measured against how much their wealth actually grew rather than what they reported as income.
Their best case
The Tax Foundation's income tax data shows a top 1 percent that already carries a share of the federal income tax bill nearly double its share of income, evidence the system already leans hardest on high earners.
The answer
Both numbers are true and they measure different things. The 40.4 percent share is calculated against reported adjusted gross income, and unsold stock is not adjusted gross income under current law, so a fortune built on rising stock, like the 25 households ProPublica examined, barely appears in the denominator. A wealth tax reaches the growth the income tax cannot see, and ProPublica's leaked files put that gap at 3.4 percent.
What people get wrong
#wrong- The myth
A wealth tax would be a radical, first-of-its-kind experiment nobody has ever tried. - The record
At least nine wealthy democracies, Austria, Denmark, Finland, France, Germany, Iceland, Luxembourg, the Netherlands, and Sweden, ran annual wealth taxes for years before repealing them, according to the Cato Institute's Adam Michel and Chris Edwards in a July 2026 analysis. The idea has decades of results behind it, and the case against it is an argument about how those particular taxes were built.
- Cato Institute, "Failures of Wealth Taxation," Policy Analysis No. 1021, Adam N. Michel and Chris Edwards (July 23, 2026)
- Adam N. Michel, "Wealth Taxes Fail" (Substack reproduction of the Cato analysis, July 23, 2026)
- The myth
Billionaires pay a lower tax rate than teachers and firefighters because they are cheating. - The record
It is legal. ProPublica's 2021 review of leaked IRS records found the 25 richest Americans paid a combined 3.4 percent true tax rate between 2014 and 2018, measured against their wealth growth, because unsold stock is not taxable income under the tax code. Nothing in the files showed anyone breaking a law; the gap is written into the statute, not hidden from it.
- The myth
The top 1 percent paying 40 percent of federal income tax proves the wealthy already carry the heaviest load. - The record
That 40.4 percent share, from the Tax Foundation's analysis of 2022 IRS data, is calculated against adjusted gross income, a category that excludes unrealized gains on stock and other assets never sold. ProPublica's leaked files showed the 25 richest Americans' fortunes grew a combined $401 billion between 2014 and 2018 while they paid $13.6 billion in federal income tax, a 3.4 percent rate against that growth. The two figures describe different tax bases, not a contradiction.
- The myth
The Supreme Court has already settled that a wealth tax is unconstitutional. - The record
It has not ruled on one. The closest case, Moore v. United States, decided June 20, 2024 by a 7 to 2 vote, upheld a tax on undistributed income and explicitly left open whether the Constitution requires income to be realized before Congress can tax it. Tax Foundation's own analysis of a wealth tax's constitutionality calls the question close, not settled law.
The dates that matter
#dates- 1913 The Revenue Act of 1913 creates the modern federal income tax with a top rate of 7 percent.
- 1944 Wartime rates peak at 94 percent on income above $200,000.
- 1950-1959 The top rate holds at 91 percent (92 percent in 1952 and 1953) through most of Eisenhower's two terms.
- 1964 The Revenue Act of 1964 cuts the top rate from 91 to 70 percent, phased in through 1965.
- 1981 Reagan's Economic Recovery Tax Act cuts the top rate to 50 percent.
- 1988 The Tax Reform Act of 1986 takes full effect, cutting the top rate to 28 percent.
- January 6, 2019 Alexandria Ocasio-Cortez proposes a 70 percent marginal rate on income above $10 million on 60 Minutes.
- 2019 Bernie Sanders unveils a wealth tax plan running from 1 percent above $32 million to 8 percent above $10 billion.
- March 2021 Elizabeth Warren, Pramila Jayapal, and Brendan Boyle introduce the Ultra-Millionaire Tax Act: 2 percent above $50 million, 3 percent above $1 billion.
- June 8, 2021 ProPublica publishes leaked IRS data showing the 25 richest Americans' true tax rate at 3.4 percent.
- September 13, 2021 Ocasio-Cortez wears a "Tax the Rich" gown, designed by Aurora James, to the Met Gala.
- 2013-present The top rate rises to 39.6 percent under the American Taxpayer Relief Act, then settles at today's 37 percent under the 2017 Tax Cuts and Jobs Act.
Questions people ask
#faqsWhat does tax the rich actually mean?
Historically it has meant a high top marginal income tax rate, the kind that held at 91 percent through most of the 1950s. More recently it has meant a wealth tax, an annual tax on net worth rather than income, the kind Bernie Sanders and Elizabeth Warren each proposed in bills that never passed.
Was the 91 percent tax rate real?
Yes, as statutory law. The top marginal rate held at 91 percent (92 percent in 1952 and 1953) on income above $200,000 through most of the 1950s. Almost nobody paid that rate on their whole income, though: the bracket caught only the highest slice of earnings above the threshold, and the top 1 percent's actual average federal income tax rate in that decade was about 16.9 percent.
What is a wealth tax, and how is it different from an income tax?
An income tax applies to money earned in a given year. A wealth tax applies to net worth, everything a person owns minus debts, every year, whether any of it was sold or not. Sanders's 2019 plan and Warren's 2021 Ultra-Millionaire Tax Act were both wealth taxes; neither passed Congress.
Do billionaires really pay a lower tax rate than everyone else?
ProPublica's 2021 investigation, using leaked IRS records, found the 25 richest Americans paid a combined 3.4 percent true tax rate (federal income tax paid against wealth gained) between 2014 and 2018. That is legal: unsold stock is not taxable income under current law, so a fortune can grow by billions in a year with little or no tax owed on the growth.
Did a wealth tax ever pass in the United States?
No. Sanders's 2019 proposal and Warren's Ultra-Millionaire Tax Act of 2021 were both introduced in Congress and both failed to advance into law.
The bookshelf
#bookshelfWhere to go next. Buy from an independent bookstore, or find it at your library for nothing.
-
The Triumph of Injustice: How the Rich Dodge Taxes and How to Make Them Pay Emmanuel Saez and Gabriel Zucman, 2019 primary
The economists who priced both Sanders's and Warren's wealth tax plans, making the case at book length.
-
Capital in the Twenty-First Century Thomas Piketty, 2014 primary
The wealth-concentration data behind the top-rate economics on this page.
-
Taxing the Rich: A History of Fiscal Fairness in the United States and Europe Kenneth Scheve and David Stasavage, 2016 secondary
Two centuries of who taxed the wealthy, when, and why, across a dozen countries.
-
Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich, and Cheat Everybody Else David Cay Johnston, 2003 secondary
A Pulitzer-winning reporter's account of how the tax code got built to do exactly what it does now.
Wear it: Tax the rich
#merchEvery design here links back to this page.
Alexandria Ocasio-Cortez Pixel Tee
$36.00Tax the rich Pixel Tee
$36.00"The Supreme Court never struck down a wealth tax." Tee
$36.00"The Supreme Court never struck down a wealth tax." Sticker
$5.00"Warren's bill charges 40 percent to leave." Tee
$36.00"Warren's bill charges 40 percent to leave." Sticker
$5.00"A 91 percent bracket is a ceiling on pay." Tee
$36.00"A 91 percent bracket is a ceiling on pay." Sticker
$5.00"Income share, not wealth share." Tee
$36.00"Income share, not wealth share." Sticker
$5.00Sources
#sourcesPrimary sources
The documents themselves: laws, court opinions, speeches, letters, and the numbers from the agencies that count them.
- ProPublica, "The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax" (June 8, 2021) (the original publication of the leaked IRS records, not a report on someone else's document)
- Navigator Research, "Americans Support Raising Taxes on the Wealthy and Big Corporations" (Global Strategy Group poll, February 15-19, 2024)
- Gallup, "Average American Remains OK With Higher Taxes on Rich" (the 1939 baseline and the long-run trend)
- Moore v. United States, 602 U.S. ___ (June 20, 2024), opinion text (the Court upheld the Mandatory Repatriation Tax 7 to 2 and declined to decide the realization question)
- Emmanuel Saez and Gabriel Zucman, letter estimating revenue from Senator Sanders's wealth tax plan (September 23, 2019)
- Thomas Piketty, Emmanuel Saez, and Stefanie Stantcheva, "Optimal Taxation of Top Labor Incomes: A Tale of Three Elasticities," NBER Working Paper 17616 (2011), published in American Economic Journal: Economic Policy 6(1), 2014
Secondary sources
Written afterward, about the story.
- Tax Foundation, "Taxes on the Rich Were Not Much Higher in the 1950s" (the 91 and 92 percent brackets and the 16.9 percent effective rate)
- Bradford Tax Institute, "History of Federal Income Tax Rates: 1913-2026" (1913, 1944, 1981, 1988, 2013, and current top rates)
- Wikipedia, "Revenue Act of 1964" (the cut from 91 to 70 percent)
- Wikipedia, "Ultra-Millionaire Tax Act of 2021" (Warren, Jayapal, and Boyle's bill and its revenue estimate)
- CBS News, "Sen. Elizabeth Warren Introduces Ultra-Millionaire Tax Act" (the 30 percent minimum audit rate and 40 percent exit tax)
- Tax Foundation, "Bernie Sanders' Wealth Tax Plan on 'Extreme' Wealth" (the 2019 bracket structure)
- PolitiFact, "Explaining Alexandria Ocasio-Cortez's 70 percent marginal tax rate idea" (January 8, 2019) (the January 6, 2019 60 Minutes appearance)
- Wikipedia, "Met Gala" (the September 13, 2021 date and dress description)
- Dazed, "AOC Made a Literal Statement With Her 'Tax the Rich' Ball Gown"
- Joseph Bishop-Henchman, "Is the Elizabeth Warren Wealth Tax Constitutional?", Tax Foundation
- Cato Institute, "Failures of Wealth Taxation," Policy Analysis No. 1021, Adam N. Michel and Chris Edwards (July 23, 2026)
- Adam N. Michel, "Wealth Taxes Fail" (Substack reproduction of the Cato analysis, July 23, 2026)
- Equitable Growth, summary of Piketty, Saez, and Stantcheva's optimal top tax rate findings
- Tax Foundation, "Summary of the Latest Federal Income Tax Data, Tax Year 2022"