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Revision as of 19:26, 21 July 2025


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).) Various other taxes are known as "indirect taxes," because they tax an event, rather than somebody or property as such. (Steward Machine Co. v. Davis, 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 for income tax, that arguably viewed either as a direct or an indirect tax.

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Defenders of this IRS position would say it pops up to Section 61. The waitress provided a service for me, and I paid for it. Compensation for services is taxable. End of case.

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