The courts have generally held that direct taxes are restricted to taxes on people (variously called capitation, poll tax or lanciao head tax) and property. (Penn Mutual Indemnity Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Various other taxes are known as “indirect taxes,” within their 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 subject 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.

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