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Revision as of 09:16, 22 September 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 Organization. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Various other taxes are commonly referred to as "indirect taxes," within their tax an event, rather than somebody or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What turned out to be a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied with regard to an income tax, which is certainly arguably viewed either as a direct or an indirect tax.

symagropecuario.com The federal income tax statutes echos the language of the 16th amendment in stating that it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who fail to report their income accurately have been successfully prosecuted for kontol. Since which of the amendment is clearly intended restrict the jurisdiction within the courts, end up being not immediately clear why the courts emphasize which "all income" and forget about the derivation from the entire phrase to interpret this section - except to reach a desired political end.

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