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A Excellent Taxes – Part 1

The courts have generally held that direct taxes are limited to taxes on people (variously called capitation, memek poll tax or head tax) and property. (Penn Mutual Indemnity Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Various other taxes are typically called “indirect taxes,” within their tax an event, rather than somebody or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied to an income tax, which is certainly arguably viewed either as a direct or an indirect tax.

The federal income tax statutes echos the language of the 16th amendment in praoclaiming that 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 text of the amendment is clearly intended restrict the jurisdiction of the courts, is actually possible to not immediately clear why the courts emphasize which “all income” and neglect the derivation with the entire phrase to interpret this section – except to reach a desired political result.

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