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Revisión del 13:04 15 oct 2024
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 Organization. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are commonly referred to as "indirect taxes," basically because they tax an event, rather than human being or property as such. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What turned out to be a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied for income tax, which can be arguably viewed either as a direct or an indirect tax.
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An argument that tips, in some or all cases, aren't "compensation received for the performance of non-public services" most likely will work. With no it did not, I would expect the internal revenue service to assert this fees. This is why I put advice label presents itself this ray. I don't want some unsuspecting server to get drawn inside a fight the individual can't manage to lose.
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