The government does not provide its services to taxpayers in direct
exchange for tax liabilities. If a taxpayer does receive specific
goods or services in exchange for a governmental exaction, payment
is generally not regarded as a "tax" at all, but rather as a
distinct charge such as a user fee or special assessment. I do not
mean to suggest that all user fees and special assessments should
result in COD income if cancelled. COD income should arise only if
the taxpayer received something of commercial value in exchange
for the debt, which is by no means always the case."3
It is in the nature of a general tax that the payor receives no
exact quid pro quo: revenue is pooled for general public purposes
and it is impossible to trace or value the benefits to any particular
taxpayer. This distinction was once important for purposes of section
164 of the Code which formerly permitted a deduction for a variety of state and local taxes, but not for user fees or assessments.
The Service has described the distinction as follows:
A tax is an enforced contribution, exacted pursuant to legislative
authority in the exercise of taxing power, and imposed and collected
for the purpose of raising revenue to be used for public or
governmental purposes, and not as a payment for some special
privilege granted or service rendered. Taxes are, therefore, distinguishable
from various other contributions and charges imposed
for particular purposes under particular powers or functions of the
government. In view of such distinctions, the question whether a
particular contribution or charge is to be regarded as a tax depends
upon its real nature. If it is in the nature of a tax, it is not material
that it may be called by a different name; and, conversely, if it is
not in the nature of a tax, it is not material that it may be so
called.
A charge primarily imposed for the purpose of regulation is not a
tax, even though it produces revenue."4