WASHINGTON, D.C.--The 400 highest-earning taxpayers in the U.S. reported a record $105 billion in total adjusted gross income in 2006, but they paid just $18 billion in tax, new Internal Revenue Service figures show. That works out to an average federal income tax bite of 17%--the lowest rate paid by the richest 400 during the 15-year period covered by the IRS statistics. The average federal tax bite on the top 400 was 30% in 1995 and 23% in 2002.
Richest 400 Earn More, Pay Lower Tax Rate - Forbes.com
People with higher incomes have almost always paid less in taxes. Their rate doesn't matter because they have so many more tools at their disposal for avoidance (as opposed to evasion).
For example, we just structured the comp for a partner at a law firm. He'll get a million a year but it's broken down in a few different ways. $200K will come as shares in the firm - which have a guaranteed buyout plus interest for every year he stays. Some will go to the firm's investment fund. Think about the value of that. These guys know who is going to Merge / Acquire etc... before it ever happens. Not that they would ever use that info to their advantage

Then there is the retirement account, life insurance etc...
So he'll end up with an actual income of about $500K. But wait there's more! As a partner, he gets a company car - a Mercedes 500CLS. His Learjet (which isn't as great as a Gulfstream but it's still COOL!) is deductible. So are his phones, computers, membership in the country club and so on.
So even though he uses these things for personal purposes (as well as business of course), he'll get at least $100K off the top.
Then of course, his wife owns an interior decorating business. She has to buy all kinds of expensive furniture for their home because she uses it as a showcase. Her business loses about $100K for two years and then shows a profit of $20K for one year. That means once every three years they pay an extra $10K in taxes - but 2 out of 3 years, they save $50K in taxes PLUS they get to write of the cost of a lot of their funrinture! (We're talking $30K for a dining room set folks).
So he'll end up paying income taxes on about $350 - $400K. Probably around 20% or so of his income. Now this isn't a bad guy. He's not doing anything wrong. That's just how our tax code is written. The moment I started my own business (a legal recruiting firm), I got a couple dozen deductions you don't get. The more I make, the more I can avoid paying taxes on. It's just how it works.
Now. Can a manager at a retail store making $50K a year afford to defer or divert half their income? Nope. Would they get the same tax breaks if they did? A few but not most of them because they're not a business owner like those 400 people to whom you refer.
Can a small business owner who makes $50K a year do what these folks do? Legally they can but in application, it's probably not practical. They'd starve.
So yes, the tax codes favor the rich. Oh well. As things are picking up for us (the legal biz is benefitting right now), I'm ambivalent. But would I lose sleep over two points on the NET? Not really.
I do find it interesting that the very people who have claimed all our problems would be solved if only we lowered taxes on "job creators", are now complaining about Obama's jobs bill - which is substantially tax cuts.
So Bush's temporary tax cuts were great but Obama's are terrible. Check.