Eldon R. Kenseth and Susan M. Kenseth - Page 55




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         was reduced to 50 percent.29  In 1986, Congress repealed general               
         income averaging.30  All these provisions were tools Congress had              
         used to ameliorate the top marginal income tax rates that went as              
         high as or higher than 70 percent during most of the relevant                  
         periods.  After 1986, under the new flatter rate structure, with               
         a top rate of substantially less than 50 percent, these                        
         provisions were no longer needed.  Against the background of                   
         Congressional concerns about ameliorating a high and steeply                   
         progressive rate structure, I don’t believe Congress expected or               
         intended that the interplay of the newly enacted itemized                      
         deduction and AMT provisions could result in effective rates of                
         tax substantially exceeding 50 percent up to more than 100                     
         percent of a net recovery.                                                     


               29 Congress granted another type of relief from the punitive             
          effects of historically high marginal rates when it enacted the               
          50 percent maximum tax on personal service income for tax years               
          beginning after Dec. 31, 1970.  Tax Reform Act of 1969, Pub. L.               
          91-172, sec. 804(a), 83 Stat. 487, 685 (codified as sec. 1348).               
          However, such relief subsequently was considered no longer                    
          necessary when Congress reduced the highest marginal tax rate on              
          all types of income to 50 percent, for taxable years beginning                
          after Dec. 31, 1981.  Economic Recovery Tax Act of 1981, Pub. L.              
          97-34, sec. 101(c)(1), 95 Stat. 172, 183.  (repealing sec. 804(a)             
          of the Tax Reform Act of 1969).                                               
               30 In 1986, Congress repealed the income averaging                       
          provisions almost entirely (exception carved out for farming                  
          income).  Tax Reform Act of 1986, Pub. L. 99-514, sec. 141(a),                
          100 Stat. 2085, 2117.  Congress believed that changes to the                  
          individual income tax provisions, which provided wider brackets,              
          fewer rates, and a flatter rate structure with a top marginal                 
          rate substantially less than 50 percent, reduced the need for                 
          complicated income averaging.  See H. Rept. 99-426 (1986), 1986-3             
          C.B. (Vol. 2) 114.                                                            





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