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Revision as of 12:41, 16 May 2026


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 Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are typically called "indirect taxes," basically tax an event, rather than somebody or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the main topics the tax proved inexact and unclear when applied to an income tax, that will be arguably viewed either as a direct or an indirect tax.

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