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Resolved Question: Warren Buffet claims his secretary pays 35.8% tax rate. How is this possible?

Buffet claims his secretary pays 35.8% marginal tax rate. The maximum federal tax rate is 35%. How does she pay more than the highest tax rate on post deduction income? http://finance.yahoo.com/news/billionaire-buffett-defends-proposed-tax-020248675.html http://www.consumerismcommentary.com/2012-federal-income-tax-brackets-and-marginal-rates/ Her taxable income has to be more than $400,000 to qualify for a 35% income tax rate but that is the maximum rate not 35.8%.