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Latest revision as of 13:25, 15 May 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 Organization. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Any other taxes are known as "indirect taxes," within their tax an event, rather than an individual or property as such. (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 main topic of the tax proved inexact and unclear when applied for income tax, which could be arguably viewed either as a direct or an indirect tax.

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