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Index Digests

Decedents

(See: Income in respect of decedents)

Deductions

(See also specific subject headings)

General

134.50

Nonprofit activity; house rented to relative.

A taxpayer who rents a house to his brother for less than the fair market value and less than his total expenses attributable to the house may not deduct, under sections 162 and 212 of the Code, the interest, taxes, operating expenses, and depreciation but he may deduct the expenses to the extent allowed under section 1.183-1(b)(1) of the regulations provided he itemizes his deductions. §1.62-1, 1.162-12, 1.183-1, 1.212-1. (Secs. 62, 162, 183, 212; '54 Code.)

Rev. Rul. 75-14, 1975-2 I.R.B. 7.

When taken

136.10

Accrual of expenses after incomereporting change.

An accrual-method taxpayer that made an approved change in reporting income from COD sales, representing 90 percent of its total sales, from the year of shipment to the year in which payment is received has not changed to a cash method of accounting and must continue deducting its expenses under the accrual method of accounting. §1.446-1. (Sec. 446, '54 Code.)

Rev. Rul. 75-96, 1975-12 I.R.B. 12.

136.50

Interest; loan discount; cash or accrual methods.

A loan discount that is the agreed charge for the use of borrowed money is interest deductible under the cash method of accounting when it is actually paid and under the accrual method of accounting when it accrues. I.T. 3298 superseded. §§1.163-1, 1.461-1. (Secs. 163, 461; '54 Code.)

Rev. Rul. 75-12, 1975-2 I.R.B. 6.

Deferred compensation (See: Employees' plans)

Deficiencies

142.40

Interest rate computation.

Examples are provided for the computation of the 9 percent interest rate on under

payments and overpayments of tax, effective on July 1, 1975, under the provisions of section 6621 of the Code as added by Pub. L. 93-625. §§301.6332-1, 301.6601-1, 301.6602-1, 301.6611-1, 301.7426-1. (Secs. 6332, 6601, 6602, 6611, 6621, 7426; '54 Code.)

Rev. Rul. 75-58, 1975-8 I.R.B. 24.

Delegation of authority (See: Administration)

Depletion

146.80

Gross income from property; compression of natural gas prior to sale.

Gross income from property does not include that portion of the selling price of natural gas attributable to the taxpayer's process of compressing the gas, to meet purchaser's specifications, prior to its delivery to the purchaser's pipeline. §§1.611-1, 1.6133. (Secs. 611, 613; '54 Code.)

Rev. Rul. 75-6, 1975-1 I.R.B. 15.

146.150

Timber; long-term contract.

The fair market value of the timber existing at the time of the execution of a longterm timber purchase contract constitutes the basis for depletion of the timber and payments in excess of the fair market value are consideration for the use of the land deductible as a business expense. §§1.162-1, 1.612-1. (Secs. 162, 612; '54 Code.)

Rev. Rul. 75-59, 1975-8 I.R.B. 19.

Depreciation

148.50

Guidelines; asset depreciation range system; options.

A description is given of the options available to a taxpayer in the application of Rev. Procs. 72-10, 74-27, and 74-30 under the provisions of section 1.167(a)-11 of the regulations concerning the class life asset depreciation range system for assets placed in service during 1974. The options for the manufacture of ferrous primary metals, industrial steam and electric generation and distribution systems, and the manufacture of ferrous primary metals-special tools, are illustrated. §1.167(a)-11. (Sec. 167, '54 Code.) Rev. Rul. 75-92, 1975-12 I.R.B. 9.

148.80

Mining; underground pumping facilities.

Disability benefits 13

allowance for depreciation as improvements to the property and neither the expenditures nor the depreciation on the facilities is deductible under section 616 of the Code. §§1.167(a)-1, 1.616-1. (Secs. 167, 616; '54 Code.)

Rev. Rul. 75-60, 1975-8 I.R.B. 19.

148.120

Returnable cable reels.

Returnable reels used by a manufacturer to ship cable to a customer, who pays a deposit refundable within one year for the reels, are depreciable property used in the taxpayer's trade or business within the meaning of section 1231(b) of the Code and gain or loss recognized as a result of retaining the forfeited deposits is treated in accordance with the provisions of section 1231(a), subject to recapture under section 1245. Rev. Rul. 58-77 revoked. §§1.1231-1, 1.1245-1. (Secs. 1231, 1245; '54 Code.) Rev. Rul. 75-34, 1975-5 I.R.B. 14.

148.170

Used real property; buildings; structural components.

In applying the provisions of Rev. Rul. 73410 to used buildings acquired after July 24, 1969, a taxpayer must use one of the applicable methods of depreciation prescribed by section 167(j)(4) or (5) of the Code for the various structural components of the building. Rev. Rul. 73-410 clarified. §§1.48-1, 1.167(a)-7, 1.1245-3, 1.1250-1. (Secs. 48, 167, 1245, 1250; '54 Code.)

Rev. Rul. 75-55, 1975-8 I.R.B. 5.

Development expenditures

(See: Exploration and development)

Disability benefits

150.40

Damages; aircraft liability insurance policy.

An amount received by the estate of an employee killed while a passenger in his employer's airplane, under the employer's aircraft liability insurance policy that provided specified payments for injury or death while a passenger of the plane and upon execution of a full release from all claims for damage against the employer, is excludable from the gross income of the estate. Rev. Rul. 58-578 superseded. §1.104-1. (Sec. 104, '54 Code.) Rev. Rul. 75-45, 1975-7 I.R.B. 8.

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14 Dividends: Paid

Dividends

Paid

158.30

Domestic parent of Namibian subsidiary; foreign tax credit.

The dividend paid by a wholly owned South West African (Namibian) subsidiary to its domestic parent out of accumulated profits of taxable years 1973 and 1974 is not a dividend received from a less developed country corporation for purposes of computing the parent's foreign tax credit. §§1.902-3, 1.955-4. (Secs. 902, 955; '54 Code.)

Rev. Rul. 75-53, 1975-7 I.R.B. 13.

158.100

Taxable status.

Instructions and guidelines are set forth relating to the determination of the taxable status of corporate distributions and the supporting information to be furnished to the Service. Rev. Procs. 65-10 and 67-12 superseded. §§1.301-1, 1.316-1, 1.333-1, 1.6042-2. (Sec. 601.602, S.P.R.; Secs. 301, 316, 333, 6042; '54 Code.)

Rev. Proc. 75-17, 1975-13 I.R.B. 20.

Domestic international sales corporations (DISC)

166.50

Qualified export assets; election.

Procedures are set forth to be followed in making an election, for taxable years beginning after 1971, and before 1974, under section 3(b) of Pub. L. 93-482 which allows a parent corporation to set up a selling DISC and a financing DISC which purchases the accounts receivable of the selling DISC and holds such accounts receivable as qualified export assets; an election pursuant to this procedure must be filed on or before January 24, 1975. (Sec. 601.602, S.P.R.; Sec. 993, '54 Code.)

Rev. Proc. 75-2, 1975-3 I.R.B. 42. 166.75

Qualified export receipts; foreign engineering services performed by nonresident aliens.

Performance of engineering services in a foreign country by a domestic corporation's nonresident alien employees will not preclude the amount of the corporation's gross receipts from qualifying as qualified export receipts of its DISC acting as commission agent. (Sec. 993, '54 Code.)

Rev. Rul. 75-69, 1975-9 I.R.B. 8.

Earned income

(See: Income source)

Earnings

(See: Self-employment tax)

Earnings and profits

168.80

Taxable status of distributions.

Instructions and guidelines are set forth relating to the determination of the taxable status of corporate distributions and the supporting information to be furnished to the Service. Rev. Procs. 65-10 and 67-12 superseded. §§1.301-1, 1.316-1, 1.333-1, 1.6042-2. (Sec. 601.602, S.P.R.; Secs. 301, 316, 333, 6042; '54 Code.)

Rev. Proc. 75-17, 1975-13 I.R.B. 20.

Elections

172.40

Carrying charges, etc.; capitalized; change of accounting method.

A manufacturing corporation that for ten years capitalized taxes and carrying charges incurred on machinery used in its business without having properly elected to do so adopted a method of accounting with respect to such expenses and is precluded from amending its returns for open years and deducting the expenses for such years. Rev. Rul. 70-539 distinguished. §§1.266-1, 1.446-1. (Secs. 266, 446; '54 Code.)

Rev. Rul. 75-56, 1975-8 I.R.B. 5.

172.50

Change to LIFO inventory method; financial disclosure.

A LIFO election, reelection, or extension to all or a greater portion of the inventories will not be terminated solely because a taxpayer is subject to and complies with financial disclosure requirements of the Financial Accounting Standards Board and the Securities and Exchange Commission which require that footnotes or commentary on annual reports and financial statements disclose the effect of the change in method on income provided such disclosure is made solely for the taxable year of the change. Rev. Proc. 73-37 amplified. §§1.472-1, 1.4722. (Sec. 601.204, S.P.R.; Sec. 472, '54 Code.) Rev. Proc. 75-10, 1975-7 I.R.B. 16.

172.70
Farmers; crop insurance proceeds.

Crop disaster payments received by a cash-method farmer from the Department of Agriculture under the Agricultural Act of 1949, as amended, because of crop damage from natural disasters in the same taxable year do not qualify for the treatment provided by section 451(d) of the Code and must be included in gross income for the year received. §1.451-6. (Sec. 451, '54 Code.)

Rev. Rul. 75-36, 1975-6 I.R.B. 7.

172.90

Index Digests

Life insurance companies; reserves; revaluation.

A life insurance company that computes its reserves using a recognized preliminary term basis for its decreasing term life insurance contracts and elects to revalue its reserves under the approximate revaluation method may not revalue that portion of the reserve added to meet State minimum reserve requirements. §1.818-4. (Sec. 818, '54 Code.)

Rev. Rul. 75-51, 1975-7 I.R.B. 11.

Employees' plans

176.80

Coverage; professional corporation using services of physician's former employees.

Individuals who performed services for a physician who incorporated his practice as a professional corporation and at the same time formed a service corporation which hired the individuals to continue performing the same services for the professional corporation are employees of the professional corporation for purposes of determining whether a deferred compensation plan established by the professional corporation meets the coverage requirements of section 401(a)(3) of the Code. §1.401-2. (Sec. 401, '54 Code.)

Rev. Rul. 75-35, 1975-6 I.R.B. 8.

176.150

Individual retirement plans; rulings and determination letters.

Procedures are set forth for the issuance of rulings, determination letters, and opinion letters relating to the establishment of individual retirement accounts and annuities under section 408 of the Code, exemption of a related trust or custodial account under section 408(e), and to the purchase of retirement bonds under section 409. Rev. Proc. 72-3 amplified. (Sec. 601.201, S.P.R.; Secs. 408, 409, '54 Code.)

Rev. Proc. 75-6, 1975-5 I.R.B. 26.

176.350
Qualification; past service credits;
partner of predecessor business.

A partnership's pension plan, which excluded the partners from coverage, was adopted by a successor corporation. As amended on adoption, the plan required one year of completed service to participate and permitted credit for service for the partnership thereby granting two of the former partners, who became officers and shareholders, coverage under the corporate plan from its inception. Held, permitting former partners to acquire eligibility to participate based on past service with the partnership does not disqualify the plan. (Sec. 401, '54 Code.)

Farley Funeral Home, Inc., 62 T.C. 150, Acq. in result, 1975-4 I.R.B. 5.

Index Digests

176.400

Qualification; rulings and determination letters; individually designed.

Procedures are set forth for the issuance of determination letters relating to the qualification of certain defined contribution individually designed pension, annuity, profit-sharing, bond purchase, and stock bonus plans under sections 401 and 405 of the Code. Rev. Procs. 72-6 amplified and 7438 modified. §§1.401-1, 1.405-1. (Sec. 601.201, S.P.R.; Secs. 401, 405, '54 Code.) Rev. Proc. 75-5, 1975-5 I.R.B. 25.

Estates and trusts

180.30

Beneficiary's mortgage held by trust; interest deemed paid and distributed.

Income of a testamentary trust required to be distributed periodically, and consisting solely of interest from mortgages on the beneficiary's property must be included in the gross income of both the trust and the beneficiary, and the beneficiary may deduct the interest, even though by agreement it is neither paid nor distributed. O.D. 606 superseded. §§1.61-1, 1.163-1, 1.662(c)-4. (Secs. 61, 163, 662; '54 Code.)

Rev. Rul. 75-68, 1975-9 I.R.B. 7.

180.100

Property title in beneficiaries; fiduciary return.

A Fiduciary Income Tax Return must be filed by an executor with respect to the income from realty subject to administration prior to its transfer to the decedent's widow in satisfaction of her dower interest and by a trustee under a power in trust created by the will with respect to income he received from realty to which the beneficiaries held legal title. S.M. 4945 and Rev. Rul. 59-154 superseded. §§1.641(a)-2, 301.7701-4. (Secs. 641, 7701; '54 Code.)

Rev. Rul. 75-61, 1975-8 I.R.B. 20.

180.150

Settlement under aircraft liability insurance policy.

An amount received by the estate of an employee killed while a passenger in his employer's airplane, under the employer's aircraft liability insurance policy that provided specified payments for injury or death while a passenger of the plane and upon execution of a full release from all claims for damage against the employer, is excludable from the gross income of the estate. Rev. Rul. 58-578 superseded. §1.104-1. (Sec. 104, '54 Code.) Rev. Rul. 75-45, 1975-7 I.R.B. 8.

Exchanges of property (See: Capital gains and losses; Reorganizations; Sales or exchanges)

Exempt organizations

General

188.50

Rulings; public interest law firms.

Exempt organizations: Qualification 15

Procedures are described under which exempt public interest law firms may accept fees for their services. Rev. Proc. 71-39 amplified. §1.501(c)(3)-1. (Sec. 601.201, S.P.R.; Sec. 501, '54 Code.)

Rev. Proc. 75-13, 1975-10 I.R.B. 46.

Private foundations

192.30

Governing instruments; State laws enacted.

States that have adopted legislation satisfying the requirements of section 508(e) of the Code, relating to private foundation governing instruments; are listed. Rev. Rul. 73286 superseded. §1.508-3. (Sec. 508, '54 Code.)

Rev. Rul. 75-38, 1975-6 I.R.B. 7.

192.80
Self-dealing; disqualified persons
serving as trustees of grant recipient.

A grant authorized by an exempt private foundation to an exempt hospital for modernization, replacement, and expansion does not constitute an act of self-dealing even though two individuals serve as trustees of both organizations. §53.4941(d)-1. (Sec. 4941, '54 Code.)

Rev. Rul. 75-42, 1975-6 I.R.B. 23.

192.100

Self-dealing; excess business holdings.

In the proposed sale to a disqualified person of a private foundation's 15 percent interest in a corporation, in which the foundation and all disqualified persons with respect to the foundation have combined holdings of 45 percent of the voting stock as of May 26, 1969, the disqualified person would be subject to the tax on self-dealing imposed by section 4941 of the Code; in a similar situation in which the total combined holdings of the foundation and disqualified persons are 55 percent, the foundation has excess business holdings under section 4943(c)(4), and section 101(1)(2)(B) of the Tax Reform Act of 1969 would apply to except the proposed sale from the provisions of section 4941. §53.4941(d)-4. (Sec. 4941, '54 Code.)

Rev. Rul. 75-25, 1975-3 I.R.B. 38.

Qualification

196.50

Cooperatives; farmers; ingredient purchases from nonproducers.

The purchase of cream from nonproducers by a dairy farmers' cooperative market

ing association, that markets ice cream produced from the excess cream resulting from the processing of its members' raw milk, is not an ingredient purchase but is a product and will adversely affect the association's exempt status. §1.521-1. (Sec. 521, '54 Code.)

Rev. Rul. 75-4, 1975-1 I.R.B. 13.

196.80

Cooperatives; farmers; marketing and purchasing association; vote by proxy.

The exempt status of a farmers' cooperative will not be jeopardized if it permits proxy voting by shareholders. §1.521-1. (Sec. 521, '54 Code.)

Rev. Rul. 75-97, 1975-12 I.R.B. 13.

196.90

Cooperatives; farmers; marketing range grasses.

A nonprofit agricultural cooperative formed to produce and market range grasses, on land owned or leased by its members, by grazing its own herd of breeder cattle and by grazing the cattle of others during the peak growing season qualifies for exemption as a farmers', fruit growers', or like association. §1.521-1. (Sec. 521, '54 Code.)

Rev. Rul. 75-5, 1975-1 I.R.B. 14.

196.110

Cooperatives; farmers; milk quality bonus program.

A milk quality bonus program, adopted by a dairy farmers' cooperative association marketing milk only for its members, that is financed under contracts with milk handlers who in addition to the base price pay a premium that is shared by all the member-producers on the basis of points awarded according to each member's milk quality is a permissible method of allocating income and does not adversely affect the association's exempt status. §1.521-1. (Sec. 521, '54 Code.)

Rev. Rul. 75-110, 1975-13 I.R.B. 15.

196.250

Public interest law firm.

A public interest law firm that provides representation in cases it selects as having significant public interest and for which representation by traditional private law firms is not economically feasible is operated exclusively for charitable purposes and qualifies for exemption. §1.501(c)(3)-1. (Sec. 501, '54 Code.)

Rev. Rul. 75-74, 1975-10 I.R.B. 7.

196.260

Public interest law firm; fees awarded by court or administrative agency.

An exempt public interest law firm's policy of accepting only fees awarded or approved by a court or an administrative agency and paid by an opposing party will

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Public interest law firm; fees from clients.

A nonprofit public interest law firm that has an established policy of charging or accepting fees from its clients does not qualify for exemption. §1.501(c)(3)-1. (Sec. 501, '54 Code.)

Rev. Rul. 75-75, 1975-10 I.R.B. 8.

Exploration and development

202.80

Mining; underground pumping facilities.

Expenditures incurred at a producing mine to excavate for and install underground pumping facilities are subject to the allowance for depreciation as improvements to the property and neither the expenditures nor the depreciation on the facilities is deductible under section 616 of the Code. §§1.167(a)-1, 1.616-1. (Secs. 167, 616; '54 Code.)

Rev. Rul. 75-60, 1975-8 I.R.B. 19.

Farmers

(See: Farmers and farming)

Farmers and farming

206.40

Commodity Credit Corporation loans;

cotton.

The amount of an unpaid loan from the Commodity Credit Corporation to a cotton producer, who has not elected under section 77 of the Code to treat the loan as income in the taxable year received, is includible in his gross income in the year in which his liability on the loan is discharged by transferring to the Corporation his ownership of the cotton pledged as security. Any additional amount realized by the producer from the Corporation's sale of the cotton for more than the amount owed is includible in his income in the taxable year received if he used the cash method or the year his right to the amount becomes fixed if he uses the accrual method. I.T. 4016 superseded. 81.451-1. (Sec. 451, '54 Code.)

Rev. Rul. 75-57, 1975-8 I.R.B. 18.

206.60

Crop insurance proceeds; election.

Crop disaster payments received by a cash-method farmer from the Department of Agriculture under the Agricultural Act of

1949, as amended, because of crop damage Fellowships

from natural disasters in the same taxable
year do not qualify for the treatment pro-
vided by section 451(d) of the Code and
must be included in gross income for the
year received. §1.451-6. (Sec. 451, '54
Code.)

Rev. Rul. 75-36, 1975-6 I.R.B. 7.

206.70

Crop shares; contributed to charity or used as feed.

The fair market value of crop shares received as rent by a farmer-landlord, which are contributed to a charitable organization or are used as feed in the farming operation, must be included in the farmer-landlord's gross income at the time of such contribution or use. The taxpayer is considered to have made a charitable contribution or becomes entitled to a business expense deduction at the same time and in the same amount as the income recognized. Taxpayer may be entitled to use the optional method of determining net earnings from self-employment under section 1402(a) and the retirement income credit under section 37. Rev. Ruls. 56-496 and 63-66 modified. §§1.61-4, 1.162-12, 1.170A-1, 301.7805-1. (Secs. 61, 162, 170, 7805; '54 Code.) Rev. Rul. 75-11, 1975-2 I.R.B. 5.

206.120

Inventories; poultry raised for egg production.

An accrual method corporation that purchases and raises chicks for commercial sale of their eggs, selling the hens to meat processing plants only after they no longer produce eggs in marketable quantities, may inventory its flocks under the farm-price method; however, a change to that method is a change in accounting method. §§1.61-4, 1.162-12, 1.471-6, 1.1231-2. (Secs. 61, 162, 471, 1231; '54 Code.)

Rev. Rul. 75-37, 1975-6 I.R.B. 6; W.P. Garth, 56 T.C. 610, Acq., 1975-6 I.R.B. 5.

206.180

Partnership classification; cattle owner; feed lot; fattening agreement.

A corporate feed lot operator and an individual cattle owner enter into a 5-year service agreement under which the cattle owner makes a cash commitment, supplies cattle for fattening, purchases feed from the feed lot operator, and independently markets the cattle. The feed lot operator furnished insurance, labor, accommodations, equipment for the separate care and feeding of the cattle, and guarantees the owner a return of a certain percentage of his cash commitment. The feed lot operator received a percentage of the owner's net profit in exchange for his services. The arrangement will not be classified as a partnership. §301.7701-3. (Sec. 7701, '54 Code.) Rev. Rul. 75-43, 1975-6 I.R.B. 24.

Index Digests

(See: Scholarships and fellowships)

Fiduciaries

208.50

Returns; property title in beneficiaries.

A Fiduciary Income Tax Return must be filed by an executor with respect to the income from realty subject to administration prior to its transfer to the decedent's widow in satisfaction of her dower interest and by a trustee under a power in trust created by the will with respect to income he received from realty to which the beneficiaries held legal title. S.M. 4945 and Rev. Rul. 59-154 superseded. §§1.641(a)-2, 301.7701-4. (Secs. 641, 7701; '54 Code.)

Rev. Rul. 75-61, 1975-8 I.R.B. 20.

Foreign corporations

(See: Controlled foreign corporations; Withholding)

Foreign countries

(See: Foreign tax credit)

Foreign exchange and currency

216.30

Conversion into U.S. dollars; branch assets and liabilities.

A domestic corporation may compute the income or loss from its foreign branch operation by using the "net worth" or "balance sheet" method, recording noncurrent assets and liabilities at the rate of exchange in effect when acquired or incurred and appraising the current assets and liabilities at the currency exchange rate at the end of the taxable year. O.D. 489 superseded. §§1.4461, 1.481-1. (Secs. 63, 446, 481; '54 Code.) Rev. Rul. 75-106, 1975-13 I.R.B. 8.

216.40
Conversion into U.S. dollars; foreign
branch net profits.

The dollar conversion of net profits reported at the end of the taxable year in terms of foreign currency by a foreign branch of a domestic corporation using an accrual method of accounting may be computed by using the rate of exchange in effect on the date of any remittances made by the branch during the year and the rate of exchange at the close of the taxable year for any unremitted net profits. O.D. 550 superseded. §1.446-1. (Secs. 63, 446; '54 Code.) Rev. Rul. 75-107, 1975-13 I.R.B. 9.

Index Digests

216.60

Conversion of rental profits into U.S.
dollars.

A U.S. calendar year individual whose
rental profits from property he owns in a
foreign country are deposited in that coun-
try and periodically transferred to him in the
U.S. should, before deducting depreciation,
convert the transfers into dollars at the ex-
change rate in effect on each transfer date
and may compute the rate for any unremit-
ted profit by dividing by 12 the total of the
closing rates of exchange for all months in
the year. Depreciation computed in dollars
is separately determined. §1.61-1. (Sec. 61,
'54 Code.)

Rev. Rul. 75-90, 1975-12 I.R.B. 8.

216.80

Dealer in foreign exchange; inventories.

A dealer in foreign exchange who regu-
larly inventories his foreign currency on
hand at the close of the taxable year using
either cost, or cost or market, whichever is
lower, may file his income tax return on that
basis; however, if he is not a dealer, but
purchases foreign currency merely as inci-
dent to his principal business, he must com-
pute gain or loss when he disposes of for-
eign currency and may not inventory it at
the close of his taxable year. O.D. 834 super-
seded. §§1.61-1, 1.471-1. (Secs. 61, 471; '54
Code.)

Rev. Rul. 75-104, 1975-13 I.R.B. 6.

216.110

Gain or loss; bank's foreign branch;
accounting method.

Funds required to be furnished by a do-
mestic bank to its foreign branch as capital,
capital reserve, or legal reserve, used by the
branch as current assets, must be included
in the determination of foreign branch in-

216.170

Losses; subsidiary's current accounts
receivable and payable.

An accrual method domestic corporation
that maintains current accounts receivable
and payable covering transactions with its
wholly owned foreign subsidiary may not
deduct a loss under section 165 of the Code
as a result of valuing the accounts at the
exchange rate in effect at the end of the
taxable year. G.C.M. 4954 superseded.
§1.165-1. (Sec. 165, '54 Code.)

Rev. Rul. 75-108, 1975-13 I.R.B. 13.

Foreign personal holding
companies

222.30

Controlled corporation; earnings in
U.S. investments; U.S. shareholders.

Two U.S. taxpayers were sole sharehold-
ers of a controlled foreign corporation for
1963 which was also a foreign personal hold-
ing company in 1964, 1965, and 1967. For
each of those years the corporation had an
increase in its earnings invested in U.S.
property as defined in section 956 of the
Code. The shareholders were subject to tax
under section 551(b) on the corporation's in-
come for 1964, 1965, and 1967. Held, under
the provision of section 951(d) the share-
holders were not required to include in their
gross income in 1964, 1965, and 1967 any
part of the corporation's increased earnings
invested in U.S. property notwithstanding
section 1.951-3 of the regulations. (Secs.
551, 951; '54 Code.)

Leonard E. Whitlock, 59 T.C. 490,
Nonacq., 1975-11 I.R.B. 5.

come or loss under the "net worth" or "bal- Foreign tax credit

ance sheet" method and any gain or loss due
to fluctuation in the value of foreign cur-
rency is recognized; however, if such funds
are used to purchase noncurrent assets, the
basis of the assets for income tax purposes
is not adjusted for foreign currency fluctu-
ation. §1.446-1. (Secs. 63, 446; '54 Code.)
Rev. Rul. 75-105, 1975-13 I.R.B. 7.

216.150

Losses; advance to foreign agent and
currency investment.

A calendar-year accrual-method domestic
corporation, not a dealer in foreign cur-
rency, may not deduct a loss due to fluctu-
ation in the value of foreign currency for an
advance made during a taxable year to its
foreign agent, who converted and deposited
it in the country where located, for business
purchases not made by the end of the tax-
able year or for the currency of that country
it purchased as an investment and had on
deposit there at the end of the taxable year.
O.D.S 764 and 940 superseded. §§1.61-1,
1.165-1. (Secs. 61, 165; '54 Code.)

Rev. Rul. 75-109, 1975-13 I.R.B. 14.

224.40

Domestic parent; dividend paid by
Namibian subsidiary.

The dividend paid by a wholly owned
South West African (Namibian) subsidiary
to its domestic parent out of accumulated
profits of taxable years 1973 and 1974 is not
a dividend received from a less developed
country corporation for purposes of com-
puting the parent's foreign tax credit.
§§1.902-3, 1.955-4. (Secs. 902, 955; '54
Code.)

Rev. Rul. 75-53, 1975-7 I.R.B. 13.

224.60

Domestic parent with foreign
subsidiaries; chain or group election.

A domestic corporation can make a chain
or group election under section 963 of the
Code for the purpose of computing under
section 902 the earnings and profits of its
two controlled foreign corporations in-
cluded in its election whether or not either

Fraud 17

foreign corporation has subpart F income
for the taxable year. §§1.902-3, 1.963-1,
1.964-1. (Secs. 902, 963, 964; '54 Code.)
Rev. Rul. 75-111, 1975-13 I.R.B. 16.

Forms

(See also: Returns)

228.40

Magnetic tape; Forms 1041 and 941;
reporting by agents.

Requirements and conditions are set forth
for submission of Forms 1041 and 941 on
magnetic tape instead of paper forms. Rev.
Proc. 72-37 superseded. §1.6012-3. (Sec.
601.602, S.P.R.; Secs. 3504, 6011, 6012, '54
Code.)

Rev. Proc. 75-12, 1975-8 I.R.B. 26.

228.80

Reproduction; 1087 and 1099 series.

Specifications under which substitutes
for Forms 1087-DIV, 1087-INT, 1087-MED,
1087-MISC, 1087-OID, 1099-DIV, 1099-
INT, 1099-MED, 1099-MISC, 1099-OID,
1099-PATR, and 1099R may be privately
printed without prior approval of the Ser-
vice. Proposed substitutes not conforming
totally to these specifications must be sub-
Imitted to the Commissioner for consider-
ation. Payers with computer capability are
encouraged to use magnetic tape for filing
information returns. Rev. Proc. 73-11 super-
seded. §§1.6041-1, 1.6042-2, 1.6044-2,
1.6047-1, 1.6049-1. (Sec. 601.602, S.P.R.;
Secs. 6041, 6042, 6044, 6047, 6049, '54
Code.)

Rev. Proc. 75-14, 1975-10 I.R.B. 46.

228.100

Reproduction; W-2 and W-2P.

Specifications under which substitutes
for Forms W-2 and W-2P may be privately
printed without prior approval by the Ser-
vice. Proposed substitutes not conforming
totally to these specifications must be sub-
Imitted to the Commissioner for consider-
ation. Rev. Proc. 74-20 superseded.
§§1.6041-1, 1.6047-1, 301.6047-1. (Sec.
601.602, S.P.R.; Secs. 6041, 6047, '54 Code.)
Rev. Proc. 75-15, 1975-10 I.R.B. 54.

Fraud

232.80

Penalties; joint return; liability of wife.

A taxpayer was indicted for willful eva-
sion of income taxes for the years 1956
through 1960 and was convicted of tax eva-
sion for 1960. The taxpayer and his wife
filed joint returns for each of the years in
question. The Commissioner contended that
the wife was collaterally estopped to deny

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