Taxes and Fairness

I heard someone say recently that it isn't fair to tax money twice. This person is of course referring to taxes on dividends and investments. The theory is that the income from the company is already taxed, and that income is then used to pay dividends to investors. So the investors should not then be taxed.

I feel like there is some nuance as to when the income is actually being taxed twice - in other words only when it is dividends and not when the stock value appreciates and the stock is sold, but I need to think that through some more. But that isn't even the real point. The real issue is over how we understand fairness.

Now, on one level, I could just say that we have different understandings of this very subjective term "fair" and leave it at that. But you know I can't really do that. So let's look at what is fair or unfair about taxing investments.

First of all, who would this tax be unfair to? Who gets hurt by being taxed twice? The money is being taxed twice, but money is inanimate, so it can't feel oppressed or burdened. So it must be unfair to the investor. The person who is investing is typically wealthy, so why is it unfair to tax their money? Is it more fair to tax what someone earns through work than what someone earns without doing work but by giving someone money? I would think it the other way around. I would rather tax the investor than the worker - the teacher, the police officer, the farm worker, the construction worker, the miner, etc. Or I would rather tax them both and at the same progressive rates.

In fact, let's compare apples to apples. Say there is someone who goes to work everyday as a Wall Street trader and makes $5 million a year in salary and bonuses. And there is someone else who has a trust fund or made a ton of money they earned previously and makes $5 million a year from investments. Why should the investor who stays home everyday while his money is working pay less taxes? I can't think of a good reason.

But does the person really think it is unfair to the investor? Maybe what they really mean is that it provides a negative incentive to the investor. I am sure there are some more detailed analysis by economists on how a higher tax rate - or a tax at all - on investments will affect the level of investment. But let's look at one simple example instead.

Imagine someone with net worth of $250 million. Let's say his name is Bitt Nomrey. Now, would he refuse to invest that money just because there were taxes on the income? A 15% tax rate didn't stop Mitt Romney from investing. Would a 30% tax rate stop him?

Sure if the taxes were 90% he might not invest. But if the taxes were the same as our current income tax rate, he would definitely invest the money. He makes income, pays some taxes, but still retains the overwhelming amount of what he earned from the investments.

So I ask again, who is this unfair to? Or how does it affect investor choices?