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Revision as of 03:15, 1 November 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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the other taxes are commonly referred to as "indirect taxes," basically tax an event, rather than human being or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, lanciao 581-582 (1937).) What seemed to be a straightforward limitation on the power of the legislature based on the subject of the tax proved inexact and unclear when applied to an income tax, which can be arguably viewed either as a direct or an indirect tax.

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Peter Bricks is a bankruptcy attorney who practices while using the Bricks Law office in Atlanta, Georgia.