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Latest revision as of 01:25, 23 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 known as "indirect taxes," basically because they tax an event, rather than somebody or property as such. (Steward Machine Co. v. Davis, 301 U.S. 548, lanciao 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied for income tax, that can easily be arguably viewed either as a direct or an indirect tax.

The federal income tax statutes echos the language of the 16th amendment in proclaiming that it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who for you to report their income accurately have been successfully prosecuted for cibai. Since the word what of the amendment is clearly developed to restrict the jurisdiction on the courts, cibai it is not immediately clear why the courts emphasize the phrase "all income" and forget about the derivation in the entire phrase to interpret this section - except to reach a desired political conclusion.

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