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History Of Your Federal Income Tax: Difference between revisions

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Latest revision as of 12:17, 10 June 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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Any other taxes are typically called "indirect taxes," because they tax an event, rather than an individual or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What turned out to be a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied with regard to an income tax, which could be arguably viewed either as a direct or an indirect tax.

The federal income tax statutes echos the language of the 16th amendment in praoclaiming that it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who in order to report their income accurately have been successfully prosecuted for PornHub. Since the language of the amendment is clearly supposed restrict the jurisdiction on the courts, its not immediately clear why the courts emphasize the words "all income" and disregard the derivation of the entire phrase to interpret this section - except to reach a desired political result in.

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