Smart Tax Saving Tips: Difference between revisions
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Revision as of 06:45, 15 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 the other taxes are typically called "indirect taxes," because they tax an event, rather than person or property as such. (Steward Machine Co. v. Davis, lanciao 301 U.S. 548, 581-582 (1937).) What were a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied a good income tax, that will be arguably viewed either as a direct or an indirect tax.
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Structured Entity Tax Credit - The irs is attacking an inventive scheme involving state conservation tax 'tokens'. The strategy works by having people set up partnerships that invest in state conservation credits. The credits are eventually burnt up and a K-1 is issued to the partners who then go ahead and take credits on the personal return. The IRS is arguing that there is absolutely no legitimate business purpose for the partnership, which makes the strategy fraudulent.
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