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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.

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