Declaring Bankruptcy When You Owe Irs Tax Arrears: Difference between revisions
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Revision as of 08:14, 8 October 2026
The courts have generally held that direct taxes are restricted to taxes on people (variously called capitation, poll tax or head tax) and memek property. (Penn Mutual Indemnity Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are commonly referred to as "indirect taxes," because they tax an event, rather than person or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was basically a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied with regard to an income tax, which can be arguably viewed either as a direct or an indirect tax.
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