Page:United States Statutes at Large Volume 56 Part 1.djvu/878

 PUBLIC LAWS-CH. 619-OCT. 21, 1942 54 Stat. 1001 . 26 U. S.C. 124 (e). 54 Stat. 1001. 26 U.S. C., Supp.I, 124 (1). Certification of ne- cessity. 54 Stat. 1002. 26 U. S. C., Supp. I, 124 (f) (3). Time limitation. Corporations. Persons other than corporations (d) DEINrrTIoNs.- Section 124 (e) is amended to read as follows: "(e) DEFINITIONS.- "(1) EMERGENCY FACIITY.-As used in this section, the term 'emergency facility' means any facility, land, building, machin- ery, or equipment, or part thereof, the construction, reconstruc- tion, erection, installation, or acquisition of which was completed after December 31, 1939, and with respect to which a certificate under subsection (f) has been made. For the purposes of this section, the part of any facility which was constructed, recon- structed, erected, or installed by any person after December 31, 1939, and not earlier than six months prior to the filing of an application for a certificate under subsection (f), and with respect to which part a certificate under subsection (f) has been made, shall be deemed to be an emergency facility, notwith- standing that the other part of such facility was constructed, reconstructed, erected, or installed earlier than six months prior to the filing of such application. For the purposes of this sec- tion, the part of any facility which was constructed, recon- structed, erected, or installed by a corporation after December 31, 1939, and before June 11, 1940, and with respect to which part a certificate under subsection (f) has been made, shall be deemed to be an emergency facility and to have been completed on June 10, 1940, notwithstanding that the entire facility was not completed until after June 10, 1940. "(2) EMXRGENCY PEIIOD.- As used in this section, the term 'emergency period' means the period beginning January 1, 1940, and ending on the date on which the President proclaims that the utilization of a substantial portion of the emergency facilities with respect to which certifications under subsection (f) have been made is no longer required in the interest of national defense." (e) DETERMINATION OF ADJUSTED BASIS OF EMERGENCY FACIITY. - (1) Section 124 (f) (1) is amended to read as follows: "(1) There shall be included only so much of the amount otherwise constituting such adjusted basis as is properly attribut- able to such construction, reconstruction, erection, installation, or acquisition after December 31, 1939, as either the Secretary of War or the Secretary of the Navy has certified as necessary in the interest of national defense during the emergency period, which certification shall be under such regulations as may be prescribed from time to time by the Secretary of War and the Secretary of the Navy, with the approval of the President." (2) Section 124 (f) (3) is amended to read as follows: "(3) The certificate provided for in paragraph (1) shall have no effect unless an application therefor is filed before the expira- tion of six months after the beginning of such construction, reconstruction, erection, or installation or the date of such acquisition, or before December 1, 1941, whichever is later, except that- "(A) in the case of an emergency facility completed or acquired by a corporation after December 31, 1939, and before June 11, 1940, such certificate shall have no effect unless an application therefor is filed before the expiration of six months after the date of the enactment of the Revenue Act of 1942, and "(B) in the case of an emergency facility completed or acquired after December 31, 1939, by a person other than a corporation, such certificate shall have no effect unless an application therefor is filed before the expiration of six 850 [56 STAT.

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