Thorndike explains that in 1909, Taft was concerned that rambunctious lawmakers in both parties would push ahead with plans for a new income tax, ignoring the court’s 1895 decision that such a tax (at least as previously conceived) was unconstitutional. Taft believed that enacting such a tax could damage the court's authority.
A debate raged anew in Congress, with Democrats and progressive Republicans rallying to back a new income tax, while GOP leaders in both the House and Senate remained strongly against the idea.
“While support for the income tax skewed Democratic, there were a reasonably large number of Republicans who supported the levy, too,” Thorndike says.
Taft had been elected in part because people saw him as continuing the progressive reforms that Roosevelt had started, but he wasn’t a big fan of making Americans pay personal income tax as a way of “permanently restraining great wealth,” as Rosen writes. Instead, he saw personal income taxation as a power that should be used only in emergencies, such as wartime. Taft also worried that citizens who opposed personal taxation might simply refuse to pay and then commit perjury to evade the law.
“I don’t think Taft was ever really enthusiastic about the income tax, but he was aware that it had broad support in both parties,” Thorndike says.
Nevertheless, Taft saw a personal income tax as a political move that would help him to get Congress to pass the to get the tax on businesses that he needed to replace tariff revenue, according to David Sicilia, an associate professor of history at the University of Maryland who’s written about the origins of the federal income tax.
Getting Around a Supreme Court Ruling
"Taft’s goals with the federal income tax were tariff and corporate tax reform,” Sicilia says. “But political horse trading and an increasingly progressive nation gave us something quite different."
To get what he needed, Taft had to figure a way around the Supreme Court. Otherwise, Taft feared that Congress would simply pass another tax bill and be batted down by the justices. He came up with an ingenious solution—combining tariff reduction legislation with a Constitutional amendment authorizing the federal government to collect income tax, which the court wouldn’t be able to overturn.
Some conservative opponents of the tax in Congress actually went along with Taft’s idea—apparently because they thought it would be dead on arrival. In July 1909, Congress passed the 16th Amendment to the Constitution.
To the shock of conservatives, the amendment was approved by enough state legislatures so by February 1913, U.S. Secretary of State Philander Knox certified the amendment's adoption. Not long after that, Congress enacted a federal income tax.
“Taft's plan succeeded—perhaps too well, from the perspective of many conservatives,” Thorndike says.
At First, Most Americans Did Not Pay Taxes