1. The imposition or assessment of a tax; the means by which the state obtains the revenue required for its activities. [Cases: Internal Revenue 3001–3007; Taxation
1. C.J.S. Internal Revenue §§ 2, 4; Taxation §§ 1–3, 5–6.]
double taxation.
1. The imposition of two taxes on the same property during the same period and for the same taxing purpose. [Cases: Taxation 47. C.J.S. Taxation §§ 61–72.]
2. The imposition of two taxes on one corporate profit; esp., the structure of taxation employed by Subchapter C of the Internal Revenue Code, under which corporate profits are taxed twice, once to the corporation when earned and once to the shareholders when the earnings are distributed as dividends.
3. Int’l law. The imposition of comparable taxes in two or more states on the same taxpayer for the same subject matter or identical goods.
— Also termed duplicate taxation; (in sense 3) juridical double taxation.
duplicate taxation. See double taxation.
equal and uniform taxation. A tax system in which no person or class of persons in the taxing district — whether it be a state, city, or county — is taxed at a different rate from others in the same district on the same value or thing. [Cases: Taxation 39. C.J.S. Taxation § 26.]
pass-through taxation. The taxation of an entity’s owners for the entity’s income without taxing the entity itself. • Partnerships and S corporations are taxed under this method. So are limited liability companies and limited liability partnerships unless they elect to be taxed as corporations by “checking the box” on their income tax returns. The election is made on Form 8832 (Entity Classification Election). See Treas. Reg. § 301.7701–(3)(b)(1).
— Also termed conduit taxation. [Cases: Internal Revenue 3896, 3920–3924. C.J.S. Internal Revenue §§ 376–377, 427, 429.]
2. The act of determining and charging to a litigant the costs of a legal proceeding.
