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Par. 2. The above amendments to Regulations 103 (which regulations cover taxable years beginning after December 31, 1938) are hereby made applicable to taxable years beginning prior to January 1, 1939 (such years being covered by Regulations 101, 94, 86, 77, 74, 69, 65, 62, 45, and 33). Although under section 501 (c) the final determination by the Board of Tax Appeals or any court of the United States of the tax liability of any taxpayer for any such taxable year which, on September 20, 1940, was pending before, or was theretofore determined by, the Board of Tax Appeals, or any court of the United States, is not affected by the enactment of section 501, the rules stated in the regulations are applicable to such cases inasmuch as such rules are a proper interpretation of the law as it existed prior to the enactment of section 501. The limitation in section 501 (c) has application only to such taxpayer, and in the case of such taxpayer, only with respect to the tax liability for the specific year or years actually so pending on, or so determined prior to, September 20, 1940.

(This Treasury Decision is prescribed pursuant to sections 62 and 3791 (b) of the Internal Revenue Code (53 Stat. 32, 467), corresponding provisions of prior internal revenue laws and section 501 of the Second Revenue Act of 1940 (Public, No. 801, 76th Cong., 3d sess.).) GUY T. HELVERING, Commissioner of Internal Revenue.

Approved December 19, 1940:

JOHN L. SULLIVAN,

Acting Secretary of the Treasury.

[Filed with the Division of the Federal Register December 20, 1940, 3:11 p. m.]

INDEX

A

T. D. No.

Accounting, administrative, regulations of T. D. 2872 and T. D. 2996,

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Alien individuals and corporations, nonresident, not engaged in trade or
business in the United States, income tax regulations_

4883

Aliens, nonresident, regulations affecting the taxation of

4975

Ammunition or firearms manufacturers, regulations relating to the licensing
of under the Federal Firearms Act--

4898

Amortization deductions, Second Revenue Act of 1940-

5016

Amortization for improvements, spread of; income tax-

4957

B

Bankhead Cotton Act of 1934 as amended, amending article 3.
Bankruptcy Act of 1898, as amended...

4943

5003

Bankruptcy cases, immediate assessment; income tax

4892

Banks, insolvent.

Bonds:

4958

T. D. 4958 amended.

5018

Application of surety for relief from__

5005

Issues and transfers; stamp taxes on.

4930

Stocks and, valuation of; regulations 79 (1936 ed.) amended; gift tax-
Valuation of; estate tax; Regulations 80 amended__

4901

4902

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Butter, adulterated, and process or renovated, regulations prescribed
relating to taxes on under the internal revenue code.......

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Returns made under title III, act of 1936; title IX, Social Security

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Carriers Taxing Act of 1937:

T. D. No.

Certain services rendered excluded from_.
Regulations 100 as relating to amended_

5017

4891

Claim, section 602, period of limitation for filing-

4942

Coal, certain services performed in the mining, preparation, handling or
loading of; exclusion from the Carriers Taxing Act of 1937..
Committee on Education and Labor; inspection of returns, income, profits,
etc.

5017

4962

Commodity Credit Corporation; income tax.

4918

Construction reserve funds, preliminary regulations for establishment of;
Maritime Commission..

5023

Containers of distilled spirits, traffic in..

4970

Contracts for naval vessels and Army and Navy aircraft, excess profits on 5000
Contracts, Navy, excess profits on..

4897, 4906

Corporate income tax; application, section 102, internal-revenue code. - 4914
Credits against, refunds of, tax imposed by title IX, Social Security Act
of 1936, 1937, and 1938_

5022


Debts, bad, deduction of by banks, or other corporations.
Deductions, allowance of depletion and depreciation

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Employees', employers' tax; regulations 91 amended-

4934, 4941

Employees' trusts; income tax..

4973

Employers', employees', and employee representatives' tax; Regulations
100 amended....

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Returns made under title III, act of 1936, title IX, Social Security Act__
Situs of property-

4878

4956

Transfers in contemplation of death_

5966

Valuation of stocks and bonds; Regulations 80 (1937 ed.) amended..

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Returns made under title III, act of 1936; title IX, Social Security
Act

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