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Latest revision as of 16:36, 15 September 2026

mintrealty.com.au 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 Co. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Any other taxes are commonly referred to as "indirect taxes," because they tax an event, rather than an individual or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What turned out to be a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied to an income tax, that will be arguably viewed either as a direct or an indirect tax.

The federal income tax statutes echos the language of the 16th amendment in nevertheless it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who to be able to report their income accurately have been successfully prosecuted for memek. Since the language of the amendment is clearly meant restrict the jurisdiction of the courts, it really is not immediately clear why the courts emphasize the words "all income" and overlook the derivation of your entire phrase to interpret this section - except to reach a desired political come.

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