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The Second Estate

How the Tax Code Made an American Aristocracy

A revelatory book that lifts the curtain on America’s most consequential public deception: how the rich get richer using tools the government gave them.

Amid conflicting narratives about the drivers of wealth and inequality in the United States, one constant hovers in the background: the US tax code. No political force has been more consequential—or more utterly opaque—than the 7,000-page document that details who pays what in American society and government. Most of us have a sense that it’s an unfair system. But does anyone know exactly how it’s unfair?

Legal scholar Ray D. Madoff knows. In The Second Estate, she offers an unprecedented look behind the scenes of America’s byzantine system of taxation, laying bare not only its capacity to consolidate wealth but also the mechanisms by which it has created two fundamentally separate American societies: the working Americans who pay and the ultra-rich who benefit.

This is not a story of offshore accounts or secret tax havens. In The Second Estate, Madoff shows that the US system itself has, over time, been stripped and reconstituted such that it now offers a series of secret paths, hidden in plain sight, for wealthy people in the know to avoid taxation altogether. Through the strategic avoidance of traditional income, leveraging of investments and debt, and exploitation of rules designed to promote charitable giving, America’s wealthy do more than just pay less than their share; they remove themselves from the tax system entirely. Wealth becomes its own sovereign state, and the living is surprisingly—and maddeningly—cheap.
 

192 pages | 3 halftones, 4 line drawings, 1 tables | 5 1/2 x 8 1/2 | © 2025

Economics and Business: Economics--Government Finance, Economics--Money and Banking

Law and Legal Studies: Law and Economics, Law and Society

Reviews

“The secret tax lives of the rich have long been unknowable. No more. Madoff renders her essential exposé with generosity and wit, making The Second Estate as enjoyable as it is devastating.”

Branko Milanovic, author of The World Under Capitalism

“Madoff exposes the misalignment of the US tax code, especially how it serves the interests of the very wealthy at the expense of working Americans. A must-read for anyone seeking to understand one of the defining shortfalls of our country.” 

Robert Price, Price Charities

The Second Estate details the intricacies by which the tax code creates two tax systems: one for wage earners, one for those with financial income. Within this system, billionaires benefit from the lower tax rates, tax deferrals, and can even escape tax entirely. Madoff’s answer—not for the faint of heart—is to pursue the daunting challenge of tax reform, building a fairer tax system that is better suited to today’s economic disparities.”

Kimberly Clausing, author of Open: The Progressive Case for Free Trade, Immigration, and Global Capital

“No one but Ray Madoff could write a page-turner on the US tax code. The Second Estate is a startling exposé of how the richest Americans are accumulating wealth in ways that are nearly, if not completely, tax-free. Madoff shows how they did it and how we got here. It’s essential reading for anyone interested in the rise of economic inequality and extreme wealth.”

Jonathan Levy, author of Ages of American Capitalism

“No one is happy with the US tax system. Madoff presents a clear and comprehensive look at how America’s most affluent households have taken advantage—legally—of the various complexities in the tax code to shield themselves from the taxes that ordinary Americans pay. Understanding these tactics is critical to designing a better system in a world with substantial inequality and an unsustainable fiscal outlook.”

William Gale, Brookings Institution

Table of Contents

Preface

1 The President and the Billionaire
2 The Tax-Avoidance Playbook
3 Jubilee
4 The Myth of Nonpayers
5 The I in Philanthropy
6 Our Common Wealth

Acknowledgments
Notes
Index

Author Events

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