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Revision as of 05:42, 3 November 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 other taxes are commonly referred to as "indirect taxes," basically because they tax an event, rather than particular or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, lanciao 581-582 (1937).) What turned out to be a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied a good income tax, which could be arguably viewed either as a direct or an indirect tax.

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