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2026年5月15日 (金) 13:41時点における版
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 Corp. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the taxes are typically called "indirect taxes," within their 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 main topic of the tax proved inexact and unclear when applied to an income tax, which could be arguably viewed either as a direct or an indirect tax.
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The employer probably pays the waitress a small wage, and also allowed under many minimum wage laws because she's a job that typically generates rules. The IRS might therefore debate that my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, on the other hand, is obliged paying the services his workers render. We don't think the exception under Section 102 applies. If the tip is taxable income to the waitress, merely under standard principle of Section 61.
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