A BILL To amend the Internal Revenue Code of 1954 to extend excise taxes on communication services and on automobiles

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, ETC.

(a) Short Title.-This Act may be cited as the "Excise Tax Extension Act of 1970".

(b) Amendment of 1954 Code.-Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

SEC. 2. CONTINUATION OF EXCISE TAXES ON COMMUNICATION SERVICES AND ON AUTOMOBILES.

(a) Passenger Automobiles.

(1) In general.-Section 4061 (a) (2) (A) (relating to tax on passenger automobiles, etc.) is amended to read as follows:

"(A) Articles enumerated in subparagraph (B) are taxable at whichever of the following rates is applicable:

The tax imposed by this subsection shall not apply with respect to articles enumerated in subparagraph (B) which are sold by the manufacturer, producer, or importer, after December 31, 1974."

(2) Conforming Amendment.-Section 6412(a)(1) (relating to floor stocks refunds on passenger automobiles, etc.) is amended by striking out "January 1, 1971, January 1, 1972, January 1, 1973, or January 1, 1974", and inserting in lieu thereof "January 1, 1972, January 1, 1973, January 1, 1974, or January 1, 1975".

(b) Communications Services.

(1) Continuation of Tax.-Section 4251 (a) (2) (relating to tax on certain communications services) is amended by striking out the table and inserting in lieu thereof the following table:

"Amounts paid pursuant to bills first rendered

Before January 1, 1972..

During 1972__
During 1973

During 1974

Percent

10

5

3

1".

(2) Conforming Amendment.-Section 4251 (b) (relating to termination of tax) is amended by striking out "January 1, 1974", and inserting in lieu thereof "January 1, 1975".

(7)

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(3) Repeal of Subchapter B of Chapter 33.-Section 105(b)(3) of the Revenue and Expenditure Control Act of 1968 (82 Stat. 266) is amended to read as follows:

"(3) Repeal of Subchapter B of Chapter 33.-Effective with respect to amounts paid pursuant to bills first rendered on or after January 1, 1975, subchapter B of chapter 33 (relating to the tax on communications) is repealed. For purposes of the preceding sentence, in the case of communications services rendered before November 1, 1974, for which a bill has not been rendered before January 1, 1975, a bill shall be treated as having been first rendered on December 31, 1974. Effective January 1, 1975, the table of subchapters for chapter 33 is amended by striking out the item relating to such subchapter B."

A BILL To amend the Internal Revenue Code of 1954 to accelerate the collection of estate and gift taxes, and for other purposes

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, ETC.

(a) Short Title.-This Act may be cited as the "Estate and Gift Tax Amendments Act of 1970."

(b) Wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

SEC. 2. GIFT TAX.

(a) Amendments to Subchapter A of Chapter 12.— (1) Section 2501.-

(A) Paragraph (1) of subsection (a) of section 2501 (relating to imposition of tax) is amended to read as follows: "(1) General rule. For the first calendar quarter of calendar year 1971 and each calendar quarter thereafter a tax, computed as provided in section 2502, is hereby imposed on the transfer of property by gift during such calendar quarter by any individual, resident or nonresident."

(B) Paragraph (4) of such subsection is amended by deleting "calendar year" and inserting in lieu thereof "calendar quarter".

(2) Section 2502.

(A) All of subsection (a) of section 2502 before the rate schedule is amended to read as follows:

"(a) Computation of Tax.-The tax imposed by section 2501 for cach calendar quarter shall be an amount equal to the excess of—

"(1) a tax, computed in accordance with the rate schedule set forth in this subsection, on the aggregate sum of the taxable gifts for such calendar quarter and for each of the preceding calendar years and calendar quarters, over

"(2) a tax, computed in accordance with such rate schedule, on the aggregate sum of the taxable gifts for each of the preceding calendar years and calendar quarters."

(B) Subsection (b) of section 2502 (relating to definition of calendar year) is amended to read as follows:

"(b) Calendar Quarter.-Wherever used in this title in connection with the gift tax imposed under Chapter 12, the term 'calendar quarter' includes only the first calendar quarter of the calendar year 1971 and succeeding calendar quarters."

(C) Subsection (c) of section 2502 (relating to definition of preceding calendar years) is amended to read as follows:

"(c) Preceding Calendar Years and Quarters.

"(1) The term 'preceding calendar years' means calendar years 1932 and 1970 and all calendar years intervening between

(9)

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calendar year 1932 and calendar year 1970. The term 'calendar year 1932' includes only the portion of such year after June 6, 1932.

"(2) The term 'preceding calendar quarters' means the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the calendar quarter for which the tax is being computed."

(3) Section 2503.

(A) Subsection (a) of section 2503 (relating to taxable gifts) is amended to read as follows:

"(a) General Definition.-The term 'taxable gifts' means, in the case of gifts made after December 31, 1970, the total amount of gifts made during the calendar quarter, less the deductions provided in subchapter C (sec. 2521 and following). In the case of gifts made before January 1, 1971, such term means the total amount of gifts made during the calendar year, less the deductions provided in subchapter C."

(B) The heading and first sentence of subsection (b) of section 2503 (relating to taxable gifts) is amended to read as follows:

"(b) Exclusions From Gifts.-In computing taxable gifts for the calendar quarter, in the case of gifts (other than gifts of future interests in property) made to any person by the donor during the calendar year 1971 and subsequent calendar years, $3,000 of such gifts to such person less the aggregate of the amounts of such gifts to such person during all preceding calendar quarters of the calendar year shall not, for purposes of subsection (a), be included in the total amount of gifts made during such quarter."

(4) Section 2504.-Section 2504 (relating to taxable gifts for preceding years) is amended to read as follows:

"SEC. 2504. TAXABLE GIFTS FOR PRECEDING YEARS. "(a) In General.-In computing taxable gifts for preceding calendar years or calendar quarters for the purpose of computing the tax for any calendar quarter, there shall be treated as gifts such transfers as were considered to be gifts under the gift tax laws applicable to the years or calendar quarters in which the transfers were made and there shall be allowed such deductions as were provided for under such laws, except that the specific exemption in the amount, if any, allowable under section 2521 shall be applied in all computations in respect of previous calendar years or calendar quarters for the purpose of computing the tax for any calendar year or calendar quarter.

"(b) Exclusions From Gifts for Preceding Years. In the case of gifts made to any person by the donor during preceding calendar years and calendar quarters, the amount excluded, if any, by the provisions of gift tax laws applicable to the years and calendar quarters in which the gifts were made shall not, for purposes of subsection (a), be included in the total amount of the gifts made during such years and calendar quarters.

"(c) Valuation of Certain Gifts for Preceding Calendar Years or Quarters. If the time has expired within which a tax may be assessed under this chapter or under corresponding provisions of prior laws, on the transfer of property by gift made during a preceding calendar year or calendar quarter, as defined in section 2502 (c), and if a tax under this chapter or under corresponding provisions of prior laws has been

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assessed or paid for such preceding calendar year or calendar quarter, the value of such gift made in such preceding calendar year or calendar quarter shall, for purposes of computing the tax under this chapter for any calendar quarter, be the value of such gift which was used in computing the tax for the last preceding calendar year or calendar quarter, for which a tax under this chapter or under corresponding provisions of prior laws was assessed or paid.

"(d) Net Gifts.-The term 'net gifts' as used in corresponding provisions of prior laws shall be read as 'taxable gifts' for purposes of this chapter.

(b) Amendments to Subchapter B of Chapter 12.—

(1) Section 2512.-Subsection (b) of section 2512 (relating to valuation of gifts) is amended by deleting "calendar year" and inserting in lieu thereof "calendar quarter".

(2) Section 2513.

(A) Section 2513 (relating to gifts by husband or wife to third party) is amended by deleting "calendar year" each place it appears and inserting in lieu thereof "calendar quarter".

(B) Subparagraph (A) of subsection (b) (2) of section 2513 is amended to read as follows:

"(A) the consent may not be signified after the last day of the first month following the close of such calendar quarter, unless before such last day no return has been filed for such calendar quarter by either spouse, in which case the consent may not be signified after a return for such calendar quarter is filed by either spouse;".

(C) Subparagraph (B) of subsection (b) (2) of section 2513 is amended by deleting "such year" and inserting in lieu thereof "such calendar quarter".

(D) Subsection (c) of section 2513 is amended—

(i) by deleting "15th day of April following the close of such year" and inserting in lieu thereof "last day of the first month following the close of such calendar quarter", and

(ii) by deleting "such 15th day" each place it appears and inserting in lieu thereof "such last day".

(E) Subsection (d) of section 2513 is amended by deleting "such year" and inserting in lieu thereof "such calendar quarter".

(3) Section 2515.-Subsection. (c) of section 2515 (relating to tenancies by the entirety) is amended by deleting "calendar year" and inserting in lieu thereof "calendar quarter".

(c) Amendments to Subchapter C of Chapter 12.

(1) Section 2521.-Section 2521 (relating to specific exemption) is amended to read as follows:

"SEC. 2521. SPECIFIC EXEMPTION.

"In computing taxable gifts for a calendar quarter, there shall be allowed as a deduction in the case of a citizen or resident an exemption of $30,000, less the aggregate of the amounts claimed and allowed as a specific exemption in the computation of gift taxes for the calendar year 1932 and all calendar years and calendar quarters intervening between that calendar year and the calendar quarter for which the