Page:United States Statutes at Large Volume 59 Part 1.djvu/542

 PUBLIC LAWS--H. 340-JULY 31, 1945 the unused excess profits credit which results in such carry-back or the period prescribed in paragraph (6), whichever expires the later. In the case of a claim described in this paragraph, the amount of the credit or refund may exceed the portion of the tax paid within the period prescribed in paragraph (2) or (3), whichever is applicable, to the extent of the amount of the overpayment attributable to the deductibility of items described in this paragraph." 6.s o .' 322 (b (b) Section 322 (b) of the Internal Revenue Code is amended by Supp. IV, 322(b). inserting immediately following paragraph (5) the following new AW, pP. paragraph: "(6) SPECIAL PERIOD OF LIMITATION WITH RESPECT TO NET OPER- ATING LOSS CARRY-BACKS AND UNUSED EXCESS PROFITS CREDIT CARRY- BACKS.- If the claim for credit or refund relates to an overpay- ment attributable to a net operating loss carry-back or to an unused excess profits credit carry-back, in lieu of the three-year period of limitation prescribed in paragraph (1), the period shall be that period which ends with the expiration of the three-year period prescribed in paragraph (1) or the period prescribed in paragraph (3), whichever expires later, within which claim for credit or refund may be filed with respect to the taxable year of the net operating loss or the unused excess profits credit which results in such carry-back. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in paragraph (2) or (3), whichever is applicable, to the extent of the amount of the overpayment attributable to such carry-back." 26 U. s. oCpp. (c) Section 322 (d) of the Internal Revenue Code is amended by IV, 322 (d). striking the period at the end thereof and inserting in lieu thereof the following:"; or (3), if such portion was not paid within the period described in clause (1), but the notice of deficiency was mailed within ,vP. the period prescribed in subsection (b) (6) for the filing of a claim for credit or refund of an overpayment attributable to a carry-back, or such a claim was filed, that such portion does not exceed the amount of the overpayment attributable to a carry-back". 26" u t 8.S c 3; (d) Section 322 of the Internal Revenue Code is amended by insert- suAte1v. p^ ing immediately following subsection (f) the following new sub- ot, pp.669, 73a. section: "(g) OVERPAYMENTS ATTRIBUTABLE TO NET OPERATING Loss CARRY- BACKS AND UNUSED EXCESS PROFITS CREDIT CARRY-BACKS. -If the allowance of a credit or refund of an overpayment of tax attributable to a net operating loss carry-back or to an unused excess profits credit carry-back is otherwise prevented by the operation of any law or rule . .at7. 13 s7. of law other than section 3761, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subsection (b) (6). If the allowance of an application, credit or refund of a decrease in tax determined under Ane, p. 1 section 3780 (b) is otherwise prevented by the operation of any law or rule of law other than section 3761, such application, credit or refund may be allowed or made if application for a tentative carry-back An., . adjustment is made within the period provided in section 3780 (a). In the case of any such claim for credit or refund or any such appli- cation for a tentative carry-back adjustment, the determination by any court, including The Tax Court of the United States, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to the net operating loss deduction and the unused excess profits credit adjustment, and the effect of such deduction or adjustment, to the extent that such deduction or adjust- ment is affected by a carry-back which was not in issue in such proceeding." [59 STAT.

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