History In The Federal Tax: Difference between revisions

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Revision as of 05:36, 7 August 2026


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 other taxes are typically called "indirect taxes," basically tax an event, rather than somebody or property by itself. (Steward Machine Co. v. Davis, 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 a good income tax, which can be arguably viewed either as a direct or an indirect tax.

Conversely, earned income abroad, and second income from foreign securities, rental, or all else abroad, can be excluded from U.S. taxable income, or foreign taxes paid thereon, used as credits against Ough.S. taxes due.

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