Page:United States Statutes at Large Volume 44 Part 1.djvu/2002

 §963 TITLE 26.--—INTE1 `(d) Income upon which anytax is required to be withheld at the source under this section shall bc included in the return of the recipient of such income, but any amount of tax __s0 withheld shall be credited against the amount of income tax_ as c0mputcd, in`such rctu1:nQ - · ‘ _ (c) If uuy`tak·x·oquircd under this scctiorltogbc deducted and Awithhcld is paid by 'the recipient of Ithe income, it shall not be rc-collected from the`withhp1di§_g agent; nop in cases in which the tax is so paid shall any penalty bé impospd upop or collected from the recipient of -the income or_ the withholding agent; for failure to return-or pay the same,.uu1css`such failure was fraudulent and for the purpose of cvading payment. _ (Feb. 26. 1926, c. 27, § 221, 44_St11tt 35.) ' i Soc uotc at bcgiuniug of this chapter. .. '· - _' ‘ "?I‘his"titlc" uxcptioncd in the text constitutes chapter 19 or thiqsupplcmental titlci Sections 216 and 217, mentioned in the text; are act out in '§§ 957 and 958, ;·espcctively,_ of thi; supplememo] title. `- “ ‘ 963; Crédits.-—(u) The tax computed under (Ports I and II of this title shall bc credited _ : _ ‘ U _ ._ ` (1)` Iutlic casc of alcitimf the United States the amouutw of axiy income, -w$11··protlts, und cx css-profits taxes pgnid or l accrued durihg the taxable year to y_ foroign countgy or to any possession of the United States; a d _ I ‘ . ‘ .(2) In the case of a resident of the _Uuit;5d States, the» amount ofauy such taxes paid or accrued during the taxable year to any possession of the United States ; and · i ‘ (3) In the case of an alien resident of the United States, the amount of any such `taxcs paid or accrued during the . taxable your to any foreign Zcountry, if the foreign- country of which such alicu resident is af citizen or subject, in imposing such taxes, allows ‘u simiiar credit to citizens of the United States residing in such couxitry; and ‘  ‘ _ (4) In the casc of any such individual wh0'—is' a mcmbgr of a partnership or u bcncdclary of an estate or trust, his proportionoto share of such taxes ot the partnership or the wtatc or trust paid or uccpucd duringihc taxable ’ymi• to u toliclgu country or to any possession of the United States, as the case may bc. - · _’ » - _ (5) The above credits ghall not be allowed in the case ot a` citizen entitled to the bcucdtsot section 262; aud ·iu no other case shall the amount of credit takcu under this msubdivislou exceed the same proportion ot the tax (computed on the basis of the taxpsycfs uct. income without the-deduction of . any income; warepvodtsg or excess-prodts tax any part of · which .moy be hallowed to him as 0. crcdit by this section), against which such credit is taken, which the taxpayefsu act laconic (comphtcd without the deduction ot only such income; war-4 pronto, or oxcccoprodtu tu:) from sources without the United States bars to his wtirc act lncoxug (computed without such deduction) for the camo taxqblc year;, · _, · · ‘ (b) It accméd taxcsjwhcu paid didcr from. the amounts claimed uh credits by the tarmycr, or if any tax `paid`·i$ rcfxmdcd in whole or in part; the taxpayer shall notify the commkcioucr, who shall rcdctcrmimc the amount of the tax duo under Parts I and II ot this title for-the ycar or years édcctcd, and the amount cY tax. duoupon such rcdctcrminution, if any, ulmll be paid`by the tu;pa.ycr'upo¤ uogcc and demand by the collector, or the amount ot tax overpaid, ifany,—shal1`·bc crcditcd or xtctuudxl to the taxpayer in accordance with the provisions of scctiou ,284. ·, In tho coco ot ouch a._` tax uccrucd but not paid, the commissioner as nlcouditioh. Uféccdént to the allowance of this credit muy"1*cqu1re_tho taxpayer to give a bond _ with surcticsisatlstactory to and to be approved hi the commiwoucr- in ouch- sum as the coiurhisdoner may require, conditioned upon the puyment by the tuxpujrci ot any umouht of tax touod duo upon any such redctcrmlnntiou; and the bond hcrciu"pr~csm·ibcd shall coutuin such further conditions aé the commisciohcr may rcqulrc. ° l r

QNAL REVENUE 1988 { (c) The credits provided for in subdivision (a) of this section may, at the option of the taxpayer and irrespective of the method of accounting employed in keeping hié books, be taken in the yea: in which. the taxes oi the foreign country 01°`.U.l€ possession of the United States accrued, subject, however, to the conditions prescribed in subdivision` (b) of this section. If the taxpayer e1ects’ to take such credits in the yearin which the taxes of the foreign country, or the possesion of the United _Stntes. accrued, the credits for all subsequent years shall be taken upon the same bneis. . · .·, (d)» Tliesecredits shall be allowed only if the ‘taxpayer_ furnishes evidence satisfactory t0»tl1e commissioner showing theamount of inc0me`dei·ived from sources without the United States, and nll other "information necessary for the verification Izmd computation of sueh cerdits. (Feb. 26, 1926, 0.. 27, § 222, 44 sm. 36.) . j ‘  ’ u ~ l See noie at beginning of thlis ébepter. » I i Parts I and ll of this title mentionethin the text oonetttxntw Parte I and II of. quepre: 19 of this supplemental title. Sections 262 and 284, meutiened in the text, nre set. out in §g 1030 and 1065, respectively, of this supplemental title. _ - - 964. Returnsniéi/sons required to make.-—(n) The following [individuals shall each make under doth .a return stating spe-- ciiiéally thé items of hlé gross income, and the deductions and crcdits_allowed_ under this title- ‘ » ° ` ' (1) Every individual having n net income for tlie taxable yennof $1,500_or oter, if single, or it married and not living with husband or wife ;M- · ‘ _ ’ . ` (2) Everyindividudol having ‘a het income for thetaxable year of $3,500 or ovef, if mai·ri.ed and living with husband or wife; and _·, - _ _ SY _ __ (3) Every individual having a gross income for the taxable · · ‘yenr of $5,600 or over, regardless of the amount of hisnet in- _ come. _ ., ‘ _ . S - (b) It n husband and wife living together lnevenu aggregate net income top the taxable year of $3,500 ord over, or an aggregate groésjncome for such yeeé of $5,000 or over-;-" 7 { (1) Each shall make such n return, or . _ _ _(2) The income} of each shall be included in n single joint X return, in`v&hicl1_ense the-tax shall be computed on the nggre- ` gnte income. ’ . F . . (·c) It the taxpayer is unable tomake his own return, the °returu shall be made by a‘°duly nuthorlzed agent or by the. guardian or other persomhclnarged vsfitlfthe cate of the person or property of such taxpayers. (Feb. 26, 1926, c. 27, § 2%, 44 Sta}. 37.) _ " ,- * 'See note at beginning ot this obaptei.- »  _ · •‘Thib title " referred to herein constitutes chapter 13 of this supplemental title. · Wy — - _ . 964a; Same; community p@;(erty; credit or refund.——·Incon1e for any period before Janne 1, 195, ot A marital community y ’ in the income ot which the  e has n vested intereetns die- Ltiuguished from an expectancy, shall be held to be eogreetly, returned it returned by the spouse to wbona the income belonged ' under the State law applicable to snob marital cohumnlty foi· '  non period. Any Spouse wboelected so to return sucb income shall not be entitled to enir credit or retnnd on the ground ·thet  such income should have been Yretnrued by. the other` spouse. _ (Feb. 25, 1928, c. 27, § 1212, 44.Stnt.,130,_) 7 ( Ney sg:.ction.. ’ · ’ \` . _ o » 965. Same; · gmrtneishipn-—Every partnership shall make-:1 . return forlench taxable yur, smting ppecihcnlly the items of » ‘ its gross tneome end the deductions allowed by this title. and , shell. include in the retuin the nenles end ndclrewes 'ot the 5 individuals who would be entitled to share in the net income e ,.lnd.ividuhl,_ The return shell bd sworn to by any one of the partners. (Feb. 26, 1923, c. 27, § 224, 44 Stat. 37.)
 * _ if distributed and the amount of the distributive share of each