Racial Taxation

In the United States, it is quite common to lay claim to the benefits of society by appealing to "taxpayer citizenship--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, Camille Walsh shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness. From the origins of unequal public school funding after the Civil War through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims. Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, Walsh reveals how the idea of a "taxpayer" identity contributed to the contemporary crises of public education, racial disparity, and income inequality.

A groundbreaking exposé of racism in the American taxation system from a law professor and expert on tax policy NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR AND FORTUNE • “Important reading for those who want to understand how inequality is built into the bedrock of American society, and what a more equitable future might look like.”—Ibram X. Kendi, #1 New York Times bestselling author of How to Be an Antiracist Dorothy A. Brown became a tax lawyer to get away from race. As a young black girl growing up in the South Bronx, she’d seen how racism limited the lives of her family and neighbors. Her law school classes offered a refreshing contrast: Tax law was about numbers, and the only color that mattered was green. But when Brown sat down to prepare tax returns for her parents, she found something strange: James and Dottie Brown, a plumber and a nurse, seemed to be paying an unusually high percentage of their income in taxes. When Brown became a law professor, she set out to understand why. In The Whiteness of Wealth, Brown draws on decades of cross-disciplinary research to show that tax law isn’t as color-blind as she’d once believed. She takes us into her adopted city of Atlanta, introducing us to families across the economic spectrum whose stories demonstrate how American tax law rewards the preferences and practices of white people while pushing black people further behind. From attending college to getting married to buying a home, black Americans find themselves at a financial disadvantage compared to their white peers. The results are an ever-increasing wealth gap and more black families shut out of the American dream. Solving the problem will require a wholesale rethinking of America’s tax code. But it will also require both black and white Americans to make different choices. This urgent, actionable book points the way forward.

No study of Black people in America can be complete without considering how openly discriminatory tax laws helped establish a racial caste system in the United States, how they were designed to exclude blacks from lucrative markets and the voting franchise, and how tax laws extracted and redistributed vast sums of black wealth. Not only was slavery nearly a 100% tax on black labor, so too was Jim Crow apartheid and tax laws specified the peculiar institution as “negro slavery.” The first instances of affirmative action in the United States were tax laws designed to attract white men to the South. The nineteenth-century Federal Tariff indirectly redistributed perhaps a majority of the profits from slavery from the South to the North and is the principle reason the Confederate states seceded. The only constitutional amendment obtained by the Civil Rights Movement is the Twenty-Sixth Amendment abolishing poll taxes in federal elections. Blending traditional legal theory, neoclassical economics, and a pan-African view of history, these six interrelated essays on race and taxes demonstrate that, even in today’s supposedly post-racial society, there is no area of human activity where racial dynamics are absent.

Introduction. Taxpayer citizenship and the right to education -- A shabby meanness: origins of unequal taxation -- Let them plow: beyond the black-white paradigm -- We are taxpaying citizens: separate and colorblind -- A drain on taxpayers: graduate school segregation and the road to Brown -- The white man's tax dollar: segregationists and backlash -- Taxpayers and taxeaters: poverty and the constitution -- The rich richer and the poor poorer: intersectional claims -- Conclusion. Education, inequality, and the hidden power of taxes.

Revealing a history that is deep, broad, and infuriating, The Black Tax casts a bold light on the racist practices long hidden in the shadows of America’s tax regimes. American taxation is unfair, and it is most unfair to the very people who critically need its support. Not only do taxpayers with fewer resources—less wealth, power, and land—pay more than the well-off, but they are forced to fight for their rights within an unjust system that undermines any attempts to improve their position or economic standing. In The Black Tax, Andrew W. Kahrl reveals the shocking history and ruinous consequences of inequitable and predatory tax laws in this country—above all, widespread and devastating racial dispossession. Throughout the twentieth century, African Americans acquired substantial amounts of property nationwide. But racist practices, obscure processes, and outright theft diminished their holdings and their power. Of these, Kahrl shows, few were more powerful, or more quietly destructive, than property taxes. He examines all the structural features and hidden traps within America’s tax system that have forced Black Americans to pay more for less and stripped them of their land and investments, and he reveals the staggering cost. The story of America’s now enormous concentration of wealth at the top—and the equally enormous absence of wealth among most Black households—has its roots here. ​ Kahrl exposes the painful history of these practices, from Reconstruction up to the present, describing how discrimination continues to take new forms, even as people continue to fight for their rights, their assets, and their power. If you want to understand the extreme economic disadvantages and persistent racial inequalities that African American households continue to face, there is no better starting point than The Black Tax.

Table of contents

Fifty years ago, familiar images of the lottery would have been strange, as no state lottery existed then. Few researchers have uncovered the obscure role lotteries play in the changing composition of American taxation. Even less is known about what role race plays in this process. More than simply taxing those on the social margins, the emergence of state lotteries in contemporary American history represents something much more fundamental about state fiscal policy. This book not only uncovers the underlying racial factors that contextualize lottery proliferation in the U.S., but also reveals the racial consequences that lotteries have in terms of redistributing tax liability.

This book explores the diversity-related labour that marginalized faculty, students, and staff are expected to perform because of their social identities – i.e., “identity taxation” in US higher education institutions. It compiles new research on cultural and identity taxation to highlight how systemic racism and patriarchy perpetuate identity taxation in 21st century US academe. Amado Padilla coined the term “cultural taxation” nearly 30 years ago to outline the expectations that faculty of colour address diversity affairs on their campuses. In this insightful volume, Laura Hirshfield and Tiffany Joseph expand the concept, adopting the term “identity taxation” to accentuate the labour members of marginalized groups participate in due to their intersectional identities. Beyond bringing these terms into conversation with others highlighting marginalized academics’ experience, this volume empirically explores how identity taxation affects students and staff, not just the faculty who were the focus of previous scholarship. It provides insight into the consequences of taxation at a moment when change and dismantling structural racism is most needed in universities and society. Reexamining Racism, Sexism, and Identity Taxation in the Academy will be a key resource for academics, researchers, and advanced students of race and ethnic studies, education, research methods, sociology, and cultural studies.This book was originally published as a special issue of Ethnic and Racial Studies.

This book looks at the way we tax the poor in the United States, particularly in the American South, where poor families are often subject to income taxes, and where regressive sales taxes apply even to food for home consumption. Katherine S. Newman and Rourke L. O’Brien argue that these policies contribute in unrecognized ways to poverty-related problems like obesity, early mortality, the high school dropout rates, teen pregnancy, and crime. They show how, decades before California’s passage of Proposition 13, many southern states implemented legislation that makes it almost impossible to raise property or corporate taxes, a pattern now growing in the western states. Taxing the Poor demonstrates how sales taxes intended to replace the missing revenue—taxes that at first glance appear fair—actually punish the poor and exacerbate the very conditions that drove them into poverty in the first place.