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Revision as of 20:08, 10 May 2026

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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are known as "indirect taxes," basically because they tax an event, rather than particular or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was a straightforward limitation on the power of the legislature based on the subject of the tax proved inexact and unclear when applied for income tax, that arguably viewed either as a direct or an indirect tax.

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So far, so good. If a married couple's income is under $32,000 ($25,000 with regard to the single taxpayer), Social Security benefits are not taxable. If combined income is between $32,000 and $44,000 (or $25,000 and $34,000 for a person person), the taxable amount of Social Security equals the lesser of 50 % of Social Security benefits or 50 % of the difference between combined income and $32,000 ($25,000 if single). Up until now, it isn't too perplex.

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