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Aktuelle Version vom 16. Mai 2026, 05:58 Uhr

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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 Co. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Various other taxes are known as "indirect taxes," as these tax an event, rather than particular 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 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 stating that it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who neglect to report their income accurately have been successfully prosecuted for anjing. Since the language of the amendment is clearly meant restrict the jurisdiction among the courts, occasion not immediately clear why the courts emphasize the phrase "all income" and ignore the derivation for this entire phrase to interpret this section - except to reach a desired political result in.

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