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Latest revision as of 02:35, 12 November 2024

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The courts have generally held that direct taxes are restricted to taxes on people (variously called capitation, poll tax or head tax) and property. (Penn Mutual Indemnity Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are known as "indirect taxes," basically because they tax an event, rather than person or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was basically a straightforward limitation on the power of the legislature based on the subject of the tax proved inexact and unclear when applied for income tax, which could be arguably viewed either as a direct or an indirect tax.

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Copyright 2010 by RioneX IP Group LLC. All rights scheduled. This material may be freely copied and distributed subject to inclusion of such a copyright notice, author information and all the hyperlinks are kept intact.