Tax Attorney In Oregon Or Washington; Does Your Small Business Have Body: Difference between revisions

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Latest revision as of 23:42, 1 April 2025

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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Any other taxes are commonly referred to as "indirect taxes," because they tax an event, rather than a person or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the subject of the tax proved inexact and unclear when applied for income tax, which is certainly arguably viewed either as a direct or an indirect tax.

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Defenders for the IRS position would say it comes back to Section 61. The waitress provided a service for me, and I paid as it. Compensation for services is taxable. End of post.

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