Is the American tax code a fair engine for growth, or a "second estate" where the rich choose whether or not to pay?

We are often told that the top 1% of earners already pay 40% of all taxes, while nearly half of Americans pay nothing at all. Legal scholar Ray Madoff argues that this statistic is a deliberate "bait-and-switch" designed to confuse the public. The reality is that the truly rich often have little to no income to tax, living instead on borrowed gains and tax-free inheritances.

In this episode, Madoff joins Luigi Zingales and Bethany McLean to discuss her new book "The Second Estate: How The Tax Code Made An American Aristocracy" covering how and why our current tax system allowed the ultra-wealthy to opt out altogether. She argues that to fix the system, we shouldn't just raise rates, we need to bring inheritances and investment gains directly into the income tax system and eliminate the "cover" provided by a broken estate tax.

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