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Latest revision as of 01:08, 10 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 Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the other taxes are known as "indirect taxes," as these tax an event, rather than a person or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied for income tax, which can be arguably viewed either as a direct or an indirect tax.

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