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To: mvpel

If it isn't a direct tax, then I don't know how anyone could argue any other form of taxation is direct. Anytime I sign a check to the Dept of Treasure, I would consider it a direct tax.


520 posted on 02/04/2005 2:05:53 PM PST by Dead Dog
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To: Dead Dog; mvpel

If it isn't a direct tax, then I don't know how anyone could argue any other form of taxation is direct. Anytime I sign a check to the Dept of Treasure, I would consider it a direct tax.

Federalist #21:

It is a signal advantage of taxes on articles of consumption, that they contain in their own nature a security against excess. They prescribe their own limit; which cannot be exceeded without defeating the end proposed, that is, an extension of the revenue. ... Impositions of this kind usually fall under the denomination of indirect taxes, and must for a long time constitute the chief part of the revenue raised in this country.

Those of the direct kind, which principally relate to land and buildings, may admit of a rule of apportionment. Either the value of land, or the number of the people, may serve as a standard. The state of agriculture and the populousness of a country have been considered as nearly connected with each other. And, as a rule, for the purpose intended, numbers, in the view of simplicity and certainty, are entitled to a preference.

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."
  • Springer v. United States(1880), 102 U.S. 586

  • "The central and controlling question in this case is whether the tax which was levied on the income, gains, and profits of the plaintiff in error, as set forth in the record, and by pretended virtue of the acts of Congress and parts of acts therein mentioned, is a direct tax."
  • "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty."
  • "[W]henever the government has imposed a tax which it recognized as a direct tax, it has never been applied to any objects but real estate and slaves."
  • POLLOCK v. FARMERS' LOAN & TRUST CO., 158 U.S. 601 (1895):

    KNOWLTON v. MOORE, 178 U.S. 41 (1900)

    Flint v. Stone Tracy Co.(1911), 220 U.S. 107

    BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)


    524 posted on 02/04/2005 2:23:41 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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