To: Sonny M
in the Supreme Court case Stanton v. Baltic Mining Co., (1916), Chief Justice White delivered the opinion of the court:
"But, aside from the obvious error of the proposition, intrinsically considered, it manifestly disregards the fact that by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged, and being placed [240 U.S. 103, 113] in the category of direct taxation subject to apportionment by a consideration of the sources from which the income was derived,-that is, by testing the tax not by what it was, a tax on income, but by a mistaken theory deduced from the origin or source of the income taxed."
26 posted on
09/02/2005 11:48:33 AM PDT by
andyk
(Go Matt Kenseth!)
To: andyk
Here is the 16th amendment, word for word.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.
Justice White interpreted it, unfortunatly, taking it literally, that amendment, taken literally, would be at odds with White.
59 posted on
09/02/2005 2:10:51 PM PDT by
Sonny M
("oderint dum metuant")
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