History With The Federal Tax

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 Co. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) Various other taxes are known as "indirect taxes," basically because they tax an event, rather than human being or property per se. (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 topic of the tax proved inexact and unclear when applied to an income tax, that will 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 normally deductible for parents as a medical price. Since infertility is a medical condition, helping along pregnancy could be construed as medical care.

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