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merrills.com 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).) All the other taxes are typically called "indirect taxes," as these tax an event, rather than person or property as such. (Steward Machine Co. v. Davis, lanciao 301 U.S. 548, 581-582 (1937).) What seemed to be a straightforward limitation on the power of the legislature based on the main topics the tax proved inexact and unclear when applied for income tax, that arguably viewed either as a direct or an indirect tax.
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