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As construed by the Supreme Court in the Brushaber case, the power of Congress to tax income derives from Article I, Section 8, Clause 1, of the original Constitution rather than from the Sixteenth Amendment; the latter simply eliminated the requirement that an income tax, to the extent that it is a direct tax, must be apportioned among the ...
It was not the income tax per se, but the lack of a provision for its apportionment as a direct tax which made the tax unconstitutional. The resulting case law prohibiting unapportioned taxes on incomes derived from property was later eliminated by the ratification of the Sixteenth Amendment in 1913.
Pollock argued that since a tax on real estate is a direct tax, a tax on the income from such property should be a direct tax as well. Because the Constitution prohibited a "direct tax" unless the tax is apportioned, Pollock argued that the unapportioned income tax should be declared unconstitutional. The "direct tax" argument had also been ...
Section 61 of the Internal Revenue Code (IRC 61, 26 U.S.C. § 61) defines "gross income," the starting point for determining which items of income are taxable for federal income tax purposes in the United States. Section 61 states that "[e]xcept as otherwise provided in this subtitle, gross income means all income from whatever source derived
Tax protester Sixteenth Amendment arguments are assertions that the imposition of the U.S. federal income tax is illegal because the Sixteenth Amendment to the United States Constitution, which reads "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 ...
If you’re one the nearly 800,000 veterans living in North Carolina, there’s a strong possibility that one of the bills may impact you. Of the 31 bills passed, 11 either helped veterans or ...
The Revenue Act of 1861, formally cited as Act of August 5, 1861, Chap. XLV, 12 Stat. 292, included the first U.S. Federal income tax statute (see Sec. 49).The Act, motivated by the need to fund the Civil War, [1] imposed an income tax to be "levied, collected, and paid, upon the annual income of every person residing in the United States, whether such income is derived from any kind of ...
Lack of direction from Congress on a $78 billion tax package could complicate filing season for millions of taxpayers, with small business owners and low-income families with children bearing the ...