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 Organization. v. C.I.R., 227 F.2d 16, lanciao 19-20 (3rd Cir. 1960).) All taxes are typically called “indirect taxes,” within their tax an event, rather than particular or property as such. (Steward Machine Co. v. Davis, cibai 301 U.S. 548, 581-582 (1937).) What was basically a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied for income tax, that can easily be arguably viewed either as a direct or an indirect tax.
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