Presidents -- United States -- Messages; United States -- Politics and government -- Sources
This species of tax has again and again been imposed, although only
temporarily, by the National Government. It was first imposed by the
act of July 6, 1797, when the makers of the Constitution were alive and
at the head of affairs. It was a graduated tax; though small in amount,
the rate was increased with the amount left to any individual,
exceptions being made in the case of certain close kin. A similar tax
was again imposed by the act of July 1, 1862; a minimum sum of one
thousand dollars in personal property being excepted from taxation, the
tax then becoming progressive according to the remoteness of kin. The
war-revenue act of June 13, 1898, provided for an inheritance tax on
any sum exceeding the value of ten thousand dollars, the rate of the
tax increasing both in accordance with the amounts left and in
accordance with the legatee's remoteness of kin. The Supreme Court has
held that the succession tax imposed at the time of the Civil War was
not a direct tax but an impost or excise which was both constitutional
and valid. More recently the Court, in an opinion delivered by Mr.
Justice White, which contained an exceedingly able and elaborate
discussion of the powers of the Congress to impose death duties,
sustained the constitutionality of the inheritance-tax feature of the
war-revenue act of 1898.
In its incidents, and apart from the main purpose of raising revenue,
an income tax stands on an entirely different footing from an
inheritance tax; because it involves no question of the perpetuation of
fortunes swollen to an unhealthy size. The question is in its essence a
question of the proper adjustment of burdens to benefits. As the law
now stands it is undoubtedly difficult to devise a national income tax
which shall be constitutional. But whether it is absolutely impossible
is another question; and if possible it is most certainly desirable.
The first purely income-tax law was past by the Congress in 1861, but
the most important law dealing with the subject was that of 1894. This
the court held to be unconstitutional.
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