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The Technical and Historical Origins of Tax Law in the U.S.

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Generally discuss the tax making process, including law, judicial power, regulations, a major historical ruling and procedures.

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The solution provided is in essay format and explains legal proceedure, major historical tax issues, federal/local divisions of power, and a brief economic introduction.

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The Origins of Tax Laws in the United States

In reviewing the process whereby taxes are levied, it is necessary to understand the nature of this form of revenue. In the United States, like most nations, both direct and indirect government taxes are imposed by federal, state, and local governments. Indirect (excise) taxes have always existed in American history. These encompass all taxes on trade or "behavior", such as sales, import, and export taxes. In fact, it is commonly thought that particularly high indirect tax was a major motivating factor in the American Revolution (take the "Boston Tea Party", for example).

Direct taxes are those which are levied on a person or piece of property simply because they "exist", as opposed to being the result of some form of voluntary action or inaction. Examples include income tax and property tax. This was originally forbidden by the Constitution, however the Sixteenth Amendment, which reversed America's position on direct taxes, was passed in 1913 (FindLaw, ...

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