Page:United States Statutes at Large Volume 59 Part 1.djvu/591

 59 STAT.] 79TH CONG., 1ST SESS.-CH. 453-NOV. 8, 1945 the earned net income (as such term was defined in section 25 (a) (4) as in force with respect to such year, except that in comput- ing such earned net income, compensation for active service in such forces shall be disregarded). "(4) FIRST INSTALLMENT DATE. -The term 'first installment date' means May 15, 1946, in the case of taxpayers released from active duty in the military or naval forces of the United States prior to December 1, 1945; and in other cases June 15, 1947, or the fifteenth day of the sixth month which begins after the date of the taxpayer s release from active duty in such forces, which- ever is the earlier; except that, if the first installment date with respect to any war year would otherwise occur earlier than the fifteenth day of the third month following the close of such year, the first installment date with respect to such year shall be the fifteenth day of such third month. "(b) EXTENSION OF TIME FOR PAYMENT.-Upon application with respect to any war year, made prior to the first installment date, and under regulations prescribed by the Commissioner with the approval of the Secretary- "(1) the time for payment of an amount of the tax under chapter 1 for such year which is equal to the tax attributable to service pay for such year and which has not been paid before the filing of such application; and "f2) the time for the payment of an amount of the tax under chapter 1 for such year which is equal to the tax attributable to pre-service earned income for such year and which has not been paid before the filing of such application, shall, in lieu of the time otherwise applicable, be as follows: one- twelfth thereof on the first installment date and an additional twelfth thereof every three months thereafter until such tax is paid. "(c) SUSPENSION OF PERIOD OF LIMITATION. -The running of the period of limitation provided in section 276 (c) (relating to the col- lection of the tax after assessment) in respect of any tax the time for the payment of which is prescribed under subsection (b), shall be suspended for the period beginning with the date of the filing of the application under such subsection and ending six months after the date prescribed therein for the payment of the last installment of such tax. "(d) ESTIMATED TAX.-If the taxpayer is eligible for the benefits of subsection (b) with respect to any war year- "(1) for the purposes of the application of section 58 with respect to such year, compensation for active service as a member of the military or naval forces of the United States may be dis- regarded in determining the gross income reasonably expected for such year, and in determining the estimated tax for such year; and "(2) for the purposes of section 294 (d) the tax for such year shall be determined as if such compensation were excluded from gross income. This subsection shall not apply with respect to a taxpayer for any war year who at the time prescribed for making the declaration of estimated tax for such year is a commissioned officer (or a commis- sioned warrant officer) of the regular component of the Army, Navy, Marine Corps, or Coast Guard." (b) REFUND OF INTEREST PAID. -Any interest paid prior to the date of the enactment of this Act with respect to tax attributable to service pay for any war year, or with respect to tax attributable to pre-service earned income for any war year, shall be credited or 573 53 Stat. 18 . 26U.S.0. 25(a) (4); Supp. IV, 25 (a) (4). 53Stat. 4. 26 U.S. 0.§f 1-396; Supp. IV, 3-421. Ante, p. 618 ed se.; p. 657 d seq.; pos. pp. 670,673. 53 Stat. 87. 26U. S.C. 9 276. 87 Stat. 141 . 26 U.. C., Supp. IV, j 58. Ante, p. 59. 58 Stat. 37. 26 U. S. C., Supp. rv, 294(d). Commissioned offi- cer.

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