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It is not clear to me how you are measuring the marriage penalty. Is it just by the difference before and after marriage in the EITC? I usually think about the EITC in terms of the effective marginal tax rates and what income or hours at work there is a spike in the marginal tax rate. (Is there an income at which working one more hour causes a decrease in after tax income?) But do the federal tax rates matter for this issue under current federal tax law with a combined personal exemption of 27,000 dollars and 2,000 dollar tax credits for a child?

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Sadly, there are tradeoffs throughout the tax code regarding marriage penalties. To avoid a marriage penalty in the EITC, Congress would need to double the income limit for married couples, much as it does for many other elements in the code. In that case, a single earner with the same income as a married couple is disadvantaged relative to the couple. But perhaps that is less troubling for a provision trying to promote earnings among those with low incomes.

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