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Revision as of 23:39, 24 August 2026


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 Denver. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the taxes are known as "indirect taxes," as these tax an event, rather than a person or property by itself. (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 a good income tax, that will be arguably viewed either as a direct or an indirect tax.

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Congress finally acted on New Year's Day, passing the "fiscal cliff" regulation. This law extended the existing tax rate structure for single taxpayers with taxable income of lower USD 400,000, and married taxpayers with taxable income of less than USD 450,000. For people higher incomes, the top tax rate was increased to 40.6% These limits are determined ahead of when the foreign earned income exclusion.

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