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Revision as of 16:38, 25 July 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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the other taxes are commonly referred to 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 was a straightforward limitation on the power of the legislature based on the main topics the tax proved inexact and unclear when applied with regard to an income tax, that can easily be arguably viewed either as a direct or an indirect tax.

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For example, most people today will fall in the 25% federal income tax rate, and let's suppose that our state income tax rate is 3%. Provides us a marginal tax rate of 28%. We subtract.28 from 1.00 posting.72 or 72%. This means certain non-taxable pace of 9.6% would be the same return as a taxable rate of 5%. That was derived by multiplying 5% by 72%. So any non-taxable return greater than 3.6% could be preferable to taxable rate of 5%.

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