Difference between revisions of "How Does Tax Relief Work"

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Revision as of 14:18, 4 March 2025

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 Organization. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All other taxes are commonly referred to as "indirect taxes," because they tax an event, rather than somebody or property by itself. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was basically 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, which can be arguably viewed either as a direct or an indirect tax.

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Another angle to consider: suppose little takes a loss of profits for this year. As a C Corp it takes no tax on the loss, however there can be no flow-through to the shareholders the problem an S Corp. Losing will not help private tax return at everyone. A loss from an S Corp will reduce taxable income, provided there is other taxable income to reduce. If not, then put on weight no income tax due.

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