oyer and pooled their assets, without regard to their
individual obligations, was held unconstitutional.[224]

TAXATION

In laying taxes, the Federal Government is less narrowly restricted by
the Fifth Amendment than are the States by the Fourteenth. It may tax
property belonging to its citizens, even if such property is never
situated within the jurisdiction of the United States,[225] or the
income of a citizen resident abroad, which is derived from property
located at his residence.[226] The difference is explained by the fact
that the protection of the Federal Government follows the citizen
wherever he goes, whereas the benefits of State government accrue only
to persons and property within the State's borders. The Supreme Court
has said that, in the absence of an equal protection clause, "a claim of
unreasonable classification or inequality in the incidence or
application of a tax raises no question under the Fifth Amendment,
* * *"[227] It has sustained, over charges of unfair differentiation
between persons, a graduated income tax;[228] a higher tax on
oleomargarine than on butter;[229] an excise tax on "puts" but not on
"calls";[230] a tax on the income of businesses operated by corporations
but not on similar enterprises carried on by individuals;[231] an income
tax on foreign corporations, based on their income from sources within
the United States, while domestic corporations are taxed on income from
all sources;[232] a tax on foreign-built but not upon domestic
yachts;[233] a tax on employers of eight or more persons, with
exemptions for agricultural labor and domestic service;[234] a gift tax
law embodying a plan of graduations and exemptions under which donors of
the same amount might be liable for different sums;[235] an Alaska
statute imposing license taxes only on nonresident fisherman;[236] an
act which taxed the manufacture of oil and fertilizer from herring at a
higher rate than similar processing of other fish or fish offal;[237] an
excess profits tax which defined "invested capital" with reference to
the original cost of the property rather than to its present value;[238]
and an undistributed profits tax in the computation of which special
credits were allowed to certain taxpayers;[239] an estate tax upon the
estate of a deceased spouse in respect of the moiety of the surviving
spouse where the effect of the dissolution of the community is to
enhance the value of the survivor's moiety.[240]