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  1. #20
    Quote Originally Posted by Chex View Post
    Where is that written from shikamaru ?
    Here.

    Also, how about this?

    Helvering v. Davis (1937)

    In Steward Machine Co. v. Davis, decided this day, ante, p. 548, we have upheld the validity of Title IX of the act, imposing an excise upon employers of eight or more. In this case, Titles VIII and II are the subject of attack. Title VIII lays another excise upon employers in addition to the one imposed by Title IX (though with different exemptions). It lays a special income tax upon employees to be deducted from their wages and paid by the employers. Title II provides for the payment of Old Age Benefits, and supplies the motive and occasion, in the view of the assailants of the statute, for [p*635] the levy of the taxes imposed by Title VIII. The plan of the two titles will now be summarized more fully.
    Title VIII, as we have said, lays two different types of tax, an "income tax on employees" and "an excise tax on employers." The income tax on employees is measured by wages paid during the calendar year. ' 801. The excise tax on the employer is to be paid "with respect to having individuals in his employ," and, like the tax on employees, is measured by wages. ' 804. Neither tax is applicable to certain types of employment, such as agricultural labor, domestic service, service for the national or state governments, and service performed by persons who have attained the age of 65 years. ' 811(b). The two taxes are at the same rate. '' 801, 804. For the years 1937 to 1939, inclusive, the rate for each tax is fixed at one percent. Thereafter the rate increases 1/2 of 1 percent every three years, until, after December 31, 1948, the rate for each tax reaches 3 percent. Ibid. In the computation of wages, all remuneration is to be included except so much as is in excess of $3,000 during the calendar year affected. ' 811(a). The income tax on employees is to be collected by the employer, who is to deduct the amount from the wages "as and when paid." ' 80a(a). He is indemnified against claims and demands of any person by reason of such payment. Ibid. The proceeds of both taxes are to be paid into the Treasury like internal revenue taxes generally, and are not earmarked in any way. ' 807(a). There are penalties for nonpayment. ' 807(c).
    If you continue to read that Supreme Court case, you'll see the term excise pop up over and over again.
    This is the Supreme Court case that upheld Social Security as constitutional.
    Last edited by shikamaru; 02-13-13 at 10:27 PM.

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