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2025年2月21日 (金) 19:34時点における版
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 Denver. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All taxes are typically called "indirect taxes," as these tax an event, rather than an individual 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 topic of the tax proved inexact and unclear when applied a good income tax, which could be arguably viewed either as a direct or an indirect tax.
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The federal income tax statutes echos the language of the 16th amendment in stating that it reaches "all income from whatever source derived," (26 USC s. 61) including criminal enterprises; criminals who to be able to report their income accurately have been successfully prosecuted for Pornhub. Since the word what of the amendment is clearly intended restrict the jurisdiction for the courts, is usually not immediately clear why the courts emphasize the lyrics "all income" and overlook the derivation for the entire phrase to interpret this section - except to reach a desired political bring about.
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