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Revision as of 05:32, 12 May 2026

The courts have generally held that direct taxes are limited to taxes on people (variously called capitation, poll tax or head tax) and property. (Penn Mutual Indemnity Co. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Any other taxes are commonly referred to as "indirect taxes," within their tax an event, rather than somebody 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 subject of the tax proved inexact and unclear when applied to an income tax, which can be arguably viewed either as a direct or an indirect tax.

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I've had clients ask me to make use of to negotiate the taxability of debt forgiveness. Unfortunately, no lender (including the SBA) to enhance to do such a thing. Just like your employer is important to send a W-2 to you every year, a lender is necessary send 1099 forms to all borrowers possess debt forgiven. That said, just because lenders are required to send 1099s doesn't mean that you personally automatically will get hit with a huge goverment tax bill. Why? In most cases, the borrower is often a corporate entity, and the just an individual guarantor. I realize that some lenders only send 1099s to the borrower. Effect of the 1099 in the personal situation will vary depending on what kind of entity the borrower is (C-Corp, S-Corp, LLC, etc). Most CPAs will able to to explain how a 1099 would manifest itself.

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