After Representative Alexandria Ocasio-Cortez raised the idea of a marginal tax rate of 70 percent on income over $10 million, the progressive wing of the Twittersphere began pointing out that in the 1950s and early 1960s , the top marginal tax rate was over 90 percent.
The progressives’ point was that, despite this seemingly onerous level of taxation, the 1950s were a golden age for the U.S. economy, and the rich did just fine, thank you very much. According to records compiled by the Tax Foundation, a single person making $16,000 in 1955 — that’s $150,000 in today’s dollars — had a marginal tax rate of 50 percent; compensation of $50,000 ($470,000 today) moved you into the 75 percent tax bracket; and an income of $200,000 ($1.9 million today) put you in the 91 percent tax bracket. . (Married couples filing jointly hit the 91 percent mark at $400,000.) Which meant that the federal government took 91 cents of every dollar over $200,000. When you added it all up, someone in 1955 who made $1 million a year paid over $800,000 in taxes.
At least they did in theory. Myself, I had a hard time believing that wealthy people in the 1950s had a different attitude toward the taxman than wealthy people do today. And guess what? I was right. The rich and their well-paid accountants worked just as hard to lower their tax bills as the rich do today — harder, in fact, because failing to do so was incredibly costly. They bridled just as much at what they viewed as confiscatory taxes. And they found — or created — enough loopholes that, according to the Congressional Research Service, the top 0.01 percent in the 1950s paid not 90 percent but closer to 45 percent of their income in taxes.
Back then, the wealthiest people in the U.S. were not corporate executives or baseball players. (The latter group made so little they usually had to work during the off-season.) Rather, they were entertainers. In 1958, for instance, the chief executive of U.S. Steel, Roger Blough, made around $300,000. Frank Sinatra made closer to $4 million. (That’s $35 million in today’s dollars.) Sinatra, Bob Hope, Bing Crosby, Sammy Davis Jr., Joan Crawford, Henry Fonda, Humphrey Bogart — these were the people who were most concerned with sheltering their income.
Prior to the Tax Reform Act of 1986, the tax code was full of loopholes that individuals could take advantage of. One favorite was buying rental properties. In 1954, Congress passed a law allowing for accelerated depreciation on any income-producing real estate – meaning that wealthy taxpayers could deduct from their income tax a percentage of the value of the property each year. What made it even better was that more often than not, the property appreciated in value, even as the government provided its generous depreciation schedule. The tax break was used not only by actors making millions but also by lawyers and doctors making $50,000 or $60,000 a year.
Another common practice was to push income generated in year 1 into years 2, 3, 4 and beyond. In 1957, for instance, William Holden was signed by Columbia Pictures to act in “The Bridge on the River Kwai.” The company agreed to give the 39-year-old actor 10 percent of the gross profits. To keep his taxes down, Holden insisted that Columbia pay him no more than $50,000 a year. The movie, of course, was a huge hit, with domestic box office receipts exceeding $27 million ($241 million in 2019 dollars).
It might seem that Columbia got the better end of the deal, because Holden would be long dead by the time the money was finally paid out (also, inflation would erode the value of his take). But if Holden had taken his $2.7 million in one lump sum, he would have wound up putting less than $300,000 in his pocket, thanks to the 91 percent marginal tax rate. By taking $50,000 a year, Holden greatly increased his chances of being able to take home significantly more.
There were two other tax loopholes favored by actors and other entertainers — loopholes that were largely out of reach for the merely well-to-do. The first was the oil depletion allowance. The second was the collapsible corporation.
The oil depletion allowance was created by Congress in 1926. Meant to give incentives to drill for oil, it reduced the taxable income generated by an oil well by 27½ percent. It was, writes Yuxun Willie Tan in the Iowa Historical Review, “the biggest tax loophole in U.S. history.”
Among the first Hollywood stars to understand the tax benefits of the oil depletion allowance were Crosby and Hope. Writes Tan: “They each paid $40,000 to Monty Moncrief (a successful Texas oilman as well as their golfing partner) for a 25 percent share in a West Texas venture.” Tan continues: