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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).) Any other taxes are known as "indirect taxes," basically because they tax an event, rather than an individual or property by itself. (Steward Machine Co. v. Davis, kontol 301 U.S. 548, 581-582 (1937).) What was a straightforward limitation on the power of the legislature based on the main topic of the tax proved inexact and unclear when applied to an income tax, which can be arguably viewed either as a direct or an indirect tax.

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