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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 Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All taxes are known as "indirect taxes," because they tax an event, rather than person or property as such. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was basically 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 can easily be arguably viewed either as a direct or an indirect tax.

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The second way is actually by be overseas any 330 days in each full one year period on foreign soil. These periods can overlap in case of an incomplete year. In this case the filing deadline follows the conclusion of each full year abroad.

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