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Version du 12 novembre 2024 à 00:05
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 the other taxes are known as "indirect taxes," basically tax an event, rather than somebody or property as such. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What got a straightforward limitation on the power of the legislature based on the main topics the tax proved inexact and unclear when applied for income tax, which could be arguably viewed either as a direct or an indirect tax.
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Regarding egg donors and sperm donors there was an IRS PLR, private letter ruling, saying it's deductible for fogeys as a medical price. Since infertility is a medical condition, helping along her pregnancy could be construed as medical treat.
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