Page:United States Statutes at Large Volume 53 Part 2.djvu/639

 53 STAT.] 76TH CONG. , IST SESS.-CH. 367-JULY 26, 1939 might be allowed against the Federal estate tax imposed by title III of the Revenue Act of 1926, as amended, or as hereafter amended or reenacted, and the aggregate amount of the taxes described in section 2 of this article (but not including the tax imposed by section 1) allowable as a credit against the Federal estate tax. "SEC. 4. The purpose of section 1 of this article is to secure for the District the benefit of the credit allowed under the provisions of section 301 (c) of title III of the Revenue Act of 1926, as amended, or as hereafter amended or reenacted, to the extent that the District may be entitled by the provisions of said Revenue Act, by imposing additional taxes, and the same shall be liberally construed to effect such purpose: Provided, That the amount of the tax imposed by sec- tion 1 of this article shall not be decreased by any failure to secure the allowance of credit against the Federal estate tax. "SEC. 5 . A tax is hereby imposed upon the transfer of real prop- erty or tangible personal property in the District of every person who at the time of death was a resident of the United States but not a resident of the District, and upon the transfer of all property, both real and personal, within the District of every person who at the time of death was not a resident of the United States, the amount of which shall be a sum equal to such proportion of the amount by which the credit allowable under the applicable Federal revenue Act for estate, inheritance, legacy, and succession taxes actually paid to the several States exceeds the amount actually so paid for such taxes, exclusive of estate taxes based upon the difference between such credit and other estate taxes and inheritance, legacy, and succession taxes, as the value of the property in the District bears to the value of the entire estate, subject to estate tax under the applicable Federal revenue Act. "SEC. 6 . Every executor or administrator of the estate of a decedent dying a resident of the District or of a nonresident decedent owning real estate or tangible personal property situated in the District, or of an alien decedent owning any real estate, tangible or intangible personal property situated in the District, or, if there is no executor or administrator appointed, qualified, and acting, then any person in actual or constructive possession of any property forming a part of an estate subject to estate tax under this title shall, within sixteen months after the death of the decedent file with the assessor a copy of the return required by section 304 of the Revenue Act of 1926, verified by the affidavit of the person filing said return with the assessor, and shall, within thirty days after the date of any com- munication from the Commissioner of Internal Revenue, confirming increasing, or diminishing the tax shown to be due, file a copy of such communication with the assessor. With the copy of the Federal estate-tax return there shall be filed an affidavit as to the several amounts paid or expected to be paid as taxes within the purview of section 2 of this article: Provided, however, That in any case where the time for the filing of such return as required by section 304 of the Revenue Act of 1926 is extended without penalty by the Bureau of Internal Revenue, then the copy thereof verified as aforesaid may be filed with the assessor within thirty days after the expiration of said extended period. "SEC. 7. The assessor shall, upon receipt of the return and accom- panying affidavit, assess such amount as he may determine, from the basis of the return, to be due the District. Upon receipt of a copy of any communication from the Commissioner of Internal Revenue, herein required to be filed, the assessor shall make such additional assessment or shall make such abatement of the assessment as may appear proper. 98907--39--PT 2-39 1115 44 Stat. 69. 26U.S.C.oh.3; Supp. IV, ch. 3 . Credits allowed un- derdesignated Federal revenue laws. 47 Stat. 278. 26 U.S. C . §413 (b). Proviso. Restriction. Nonresidents, tax on property transfers. Amount. Filing of returns of resident or nonresi- dent decedents, etc. Filing copy of Fed- eral estate tax return. 44 Stat. 74. 26U. .C.II420, 421, 464; Supp. IV, §421. Affidavit required. Proiso. Time extension. Adjustment of amount due.

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