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Latest revision as of 03:10, 10 August 2026


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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).) All the taxes are typically called "indirect taxes," basically tax an event, rather than somebody or property as such. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What were 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, that arguably viewed either as a direct or an indirect tax.

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An argument that tips, in some or all cases, are not "compensation received for the performance of non-public services" still might work. Nonetheless, if it did not, I'd expect the irs to assert this fees transfer pricing . This is why I put a stern reminder label at the top of this line. I don't want some unsuspecting server to get drawn correct fight the child can't afford to lose.

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