Page:United States Statutes at Large Volume 53 Part 1.djvu/59

 under which the transfer of the property under the liquidation is to be completed within a time specified in the plan, not exceeding, from the close of the taxable year during which is made the first of the series of distributions under the plan, (1) three years, if the first of such series of distributions is made in a taxable year beginning after December 31, 1937, or (2) two years, if the first of such series of distributions was made in a taxable year beginning before Janu- ary 1, 1938. In the case of amounts distributed (whether before January 1, 1939, or on or after such date) in partial liquidation (other than a distribution to which the provisions of subsection (h) of this section are applicable) the part of such distribution which is properly chargeable to capital account shall not be considered a dis- tribution of earnings or profits. If any distribution in complete liquidation (including any one of a series of distributions made by the corporation in complete cancellation or redemption of all its stock) is made by a foreign corporation which with respect to any taxable year beginning on or before, and ending after, August 26, 1937, was a foreign personal holding company, and with respect to which a United States group (as defined in section 331 (a) (2)) existed after August 26, 1937, and before January 1, 1938, then, despite the foregoing provisions of this subsection, the gain recog- nized resulting from such distribution shall be considered as a short- term capital gain- (1) Unless such liquidation is completed before July 1, 1938; or (2) Unless (if it is established to the satisfaction of the Com- missioner by evidence submitted before July 1, 1938, that due to the laws of the foreign country in which such corporation is incorporated, or for other reason, it is or will be impossible to complete the liquidation of such company before such date) the liquidation is completed on or before such date as the Commis- sioner may find reasonable, but not later than December 31, 1938. (d) OTHER DISTRIBUTIONS FROM CAPITAL. -If any distribution (not in partial or complete liquidation) made by a corporation to its shareholders is not out of increase in value of property accrued before March 1, 1913, and is not a dividend, then the amount of such distribution shall be applied against and reduce the adjusted basis of the stock provided in section 113, and if in excess of such basis, such excess shall be taxable in the same manner as a gain from the sale or exchange of property. (e) DISTRIBUTIONS BY PERSONAL SERVICE CORPORATIONS.- Any dis- tribution made by a corporation, which was classified as a personal service corporation under the provisions of the Revenue Act of 1918 or the Revenue Act of 1921, out of its earnings or profits which were taxable in accordance with the provisions of section 218 of the Reve- nue Act of 1918, 40 Stat. 1070, or section 218 of the Revenue Act of 1921, 42 Stat. 245, shall be exempt from tax to the distributees. (f) STOCK DIVIDENDS. - (1) GENERAL RULE. -A distribution made by a corporation to its shareholders in its stock or in rights to acquire its stock shall not be treated as a dividend to the extent that it does not consti- tute income to the shareholder within the meaning of the Sixteenth Amendment to the Constitution. (2) ELECTION OF SHAREHOLDERS AS TO MEDIUM OF PAYMENT.- Whenever a distribution by a corporation is, at the election of any of the shareholders (whether exercised before or after the declara- tion thereof), payable either (A) in its stock or in rights to acquire its stock, of a class which if distributed without election would be exempt from tax under paragraph (1), or (B) in money or any other property (including its stock or in rights to acquire its stock, of a class which if distributed without election would not be exempt from tax under paragraph (1)) then the distribu- tion shall constitute a taxable dividend in the hands of all share- holders, regardless of the medium in which paid. INCOME TAX 47

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