Fairness of Capital Gains. The long-term capital gains rate is zero for taxpayers in the 10 or 15 percent marginal tax brackets. The long-term rate is 15 percent for those in the 25, 28, 33, and 35 percent brackets, and it is 20 percent for those in the 39.6 percent tax bracket. What is your opinion on the fairness of these lower capital gains tax rates as compared with the marginal rates applied to income earned from employment that range as high as 39.6 percent?

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