Page:United States Statutes at Large Volume 56 Part 1.djvu/914

 PUBLIC LAWS-CH. 619-OCT. 21, 1942 "Owned by the tax- payer." " Obl igations of the U. S." "Amount of obliga- tions of the U. 8." Post, p. 892. 53 Stat.27. 26U. . C. 61 (b). 53 Stat. 18; 55 Stat. 697. 26U..S.C. 2 (b); Supp. I, § 25 (b). Ante, pp. 818, 827, 82& 55 Stat. 689. 26U. S. C., Supp.I, i§ 400-04. Ante, pp. 803,805. "(3) The amount by which the amount of obligations of the United States owned by the taxpayer on the last day of the taxable year exceeds the greater of (A) the amount of such obligations owned by the taxpayer on December 31, 1942, or (B) the highest amount of such obligations owned by the tax- payer on the last day of any preceding taxable year ending after December 31, 1942. As used in this paragraph (i) the term 'owned by the taxpayer' shall include the amount of the obliga- tions owned solely by the taxpayer and one-half of the amount of the obligations owned jointly by the taxpayer with one other person, but shall not include such obligations acquired by the tax- payer by gift, or inheritance, or otherwise than by purchase; (ii) the term 'obligations of the United States' means such obliga- tions of the United States as the Secretary may by regulations prescribe, and as are purchased in such manner and under such terms and conditions as he may specify; and (iii) the term 'amount of obligations of the United States' means the amount paid for such obligations. "(b) LIMITATION ON CREDIT. - The amount of such credit for the taxable year shall not exceed the amount of the post war credit or refund allowed by section 454 for such taxable year. "SEC. 454. POST WAR CREDIT OR REFUND OF VICTORY TAX. "(a) ALLOWANCE or CRrDIT.- As soon as practicable after date of cessation of hostilities in the present war (as defined in section 475 (b)), the following amount of the victory tax paid for each taxable year beginning after December 31, 1942, shall be credited against any income tax or installment thereof then due from the taxpayer, and any balance shall be refunded immediately to the taxpayer: "(1) In the case of a single person or a married person not living with husband or wife, 25 per centum of the victory tax or $500, whichever is the lesser. "(2) In the case of the head of a family, 40 per centum of the victory tax or $1,000, whichever is the lesser. In the case of a married person living with husband or wife where separate returns are filed by each spouse, 40 per centum of the victory tax or $500, whichever is the lesser. In the case of a married person living with husband or wife where a separate return is filed by one spouse and no return is filed by the other spouse, or in the case of a husband and wife filing a joint return under section 51 (b), only one such credit shall be allowed and such credit shall not exceed 40 per centum of the victory tax or $1,000, whichever is the lesser. "(3) For each dependent specified in section 25 (b), excluding as a dependent, in the case of a head of a family, one who would be excluded under section 25 (b) (2) (B), 2 per centum of the victory tax or $100, whichever is the lesser. "(b) CHANGrE OF STATUS.- I f for any taxable year the status of the taxpayer (other than a taxpayer who makes his return and pays his tax under Supplement T) with respect to his marital relationship or with respect to his dependents, changed during the taxable year, the amount of the credit or refund provided by this section for such tax- able year shall be apportioned, under rules and regulations prescribed by the Commissioner with the approval of the Secretary, in accordance with the number of months before and after such change. For the purpose of such apportionment a fractional part of a month shall be disregarded unless it amounts to more than half a month in which case it shall be considered as a month. 886 [56 STAT.

�