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Revision as of 07:55, 6 September 2026

The courts have generally held that direct taxes are limited to taxes on people (variously called capitation, poll tax or head tax) and property. (Penn Mutual Indemnity Co. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the other taxes are commonly referred to as "indirect taxes," as these tax an event, rather than somebody or property by itself. (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 topic of the tax proved inexact and unclear when applied a good income tax, which is certainly arguably viewed either as a direct or an indirect tax.

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