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).) All the taxes are typically called “indirect taxes,” as these tax an event, rather than human being or property by itself. (Steward Machine Co. v. Davis, kontol 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 for income tax, which could be arguably viewed either as a direct or an indirect tax.
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