Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2013 Mutual Funds, Fairness, and the Income Gap Samuel D. Brunson Loyola University Chicago, School of Law,
[email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Brunson, Samuel D., Mutual Funds, Fairness, and the Income Gap, 65 Ala. L. Rev. 139 (2013). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. MUTUAL FUNDS, FAIRNESS, AND THE INCOME GAP Samuel D. Brunson* ABSTRACT The rich, it turns out, are different from the rest of us. The wealthy, for example, can assemble a diversified portfolio of securities or can invest through hedge and private equity funds. When the rest of us invest, we do so largely through mutual funds. Nearly half of American households own mutual funds, and mutual funds represent a significant portion of the financialassets held by U.S. households. The tax rules governing mutual funds create an investment vehicle with significantly worse tax treatment than investments available to the wealthy. In particular, the tax rules governing mutual funds force shareholdersto pay taxes on 'forced realizationincome" even though such income does not increase their wealth. Because mutual fund investors must pay taxes on non-existent gains, but the wealthy can use alternative investment strategies to avoid such taxes, the taxation of mutual funds violates the tax policy objective of vertical equity.