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 Denver colorado. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All taxes are known as "indirect taxes," because they tax an event, rather than a person 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, that will be arguably viewed either as a direct or an indirect tax.

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Let's change one more fact in our example: I give a $100 tip to the waitress, and also the waitress must be my girl child. If I give her the $100 bill at home, it's clearly a nontaxable contribution. Yet if I leave her with the $100 at her place of employment, the internal revenue service says she owes taxes on out. Why does the venue make a difference?

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