The Legislative Intent of the 16th Amendment
As the idea of the 16th Amendment was germinating inside the halls of the National Government in the year 1909, newly elected President William H. Taft wrote a letter to Congress expressing the intent and basic framework of an income tax proposal. He recognized that the decision in the Pollock v. Farmers' Loan & Trust Co. case back in 1895 expressly denied the National Government a power to levy an income tax unless it was apportioned among the States according to population. A clever Ivy League-trained lawyer, he found a way to create an amendment regarding an income tax that passed constitutional muster and respected the Supreme Court's decision in the Pollock case. The amendment was passed as a tax on the National Government itself, meaning the people that worked for the National Government (by choice), used Federal property, or those who were born in a U.S. Territory, like, say, Puerto Rico.
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