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Revision as of 17:20, 9 September 2026

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 Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All taxes are commonly referred to as "indirect taxes," basically tax an event, rather than particular or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the main topics the tax proved inexact and unclear when applied with regard to an income tax, which is certainly arguably viewed either as a direct or an indirect tax.

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