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Examples
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An unapportioned direct tax on anything which is not income would be unconstitutional.
The Volokh Conspiracy » What Will Courts Do with the Individual Mandate? 2010
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An unapportioned direct tax on anything which is not income would be unconstitutional.
The Volokh Conspiracy » What Will Courts Do with the Individual Mandate? 2010
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On April 8, 1895, in Pollock v. Farmers 'Loan and Trust Company, the Supreme Court held that unapportioned income taxes were unconstitutional.
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"Income taxes were considered unapportioned direct taxes in violation of this provision of the Constitution."
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Shortly after the 16th amendment passed authorizing the federal income tax, a series of Supreme Court rulings made it clear, at least to Russo, that there was still no law requiring an American citizen to pay a direct unapportioned tax on their labor but only business profits.
Archive 2007-06-01 2007
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This cunning plan was to be a two pronged attack consisting of a privately owned federal reserve bank and an internal revenue service to collect a constitutionally illegal unapportioned income tax.
Central Banks! Income Tax! Are They a Scam Designed to Enslave Humanity 2009
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Except in times of war, no federal income tax existed until the 16th Amendment was ratified on February 13, 1913 empowering Congress to levy one - unapportioned among the states.
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Shortly after the 16th amendment passed authorizing the federal income tax, a series of Supreme Court rulings made it clear, at least to Russo, that there was still no law requiring an American citizen to pay a direct unapportioned tax on their labor but only business profits.
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Such a tax would likely be construed as a direct tax, subject to apportionment unless the P&S award is “income” in which case the 16th would permit it to be unapportioned.
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And it was only the tax on incomes from real and personal property that the Pollack Court struck down as a "direct" but unapportioned tax.
Lederman on Murphy: Are All Non-Income Based Taxes Unconstitutional? 2006
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