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Latest revision as of 21:21, 16 May 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).) Various other taxes are known as "indirect taxes," basically because they tax an event, rather than particular or property as such. (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 topic of the tax proved inexact and unclear when applied for income tax, that will be arguably viewed either as a direct or an indirect tax.
Conversely, earned income abroad, and passive income from foreign securities, rental, or other activities abroad, could be excluded from U.S. taxable income, or foreign taxes paid thereon, used as credits against You.S. taxes due.
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