Page:United States Statutes at Large Volume 62 Part 1.djvu/152

 PUBLIC LAWS-C .L 168--AP. 2, 1948 53 Stat. 146. 26 U.S. C. 1 1003 (a). 47 Stat. 247. Ante, p. 117. Ante, p. 119. 53 Stat. 124. 26U. .0.,Supp.I, 812 (d). Post, p. 127. 53 Stat. 125. 26U.S.C.§813(a) (2) (A). 53 Stat. 125 . 26U.S.C.§813(a) (2) (A). Ante, p. 121. 53 Stat. 144. 26U.S.0.11000- 1031; Supp. I, §S 1000, 1004. Post, pp. 125, 127. 47 Stat. 245 . 53 Stat. 146. 26U.S .C. § 1003 (a). 47 Stat. 247. 53 Stat. 147. 26U.S. C. 1004(a) (2); Supp. I, § 1004 (a) (2). 47 Stat. 247 . Post, p. 125. 53 Stat. 142. 26U..C.1936 (b) (1). 53 Stat. 124 . 26 U.S. C., Supp. I, 812 (d). Ante, p. 117. 53 Stat. 143. 26 U..8. 0936 (b) (2). purposes of section 1003 (a), or of section 504 (a) of the Revenue Act of 1932) the total amount of gifts made during the year in which the gift was made; "(ii) if a deduction with respect to such gift is allowed under section 812 (e) (the so-called 'marital deduc- tion')- then by an amount which bears the same ratio to such value (reduced as provided in clause (i) of this subparagraph) as the aggregate amount of the marital deductions allowed under section 812 (e) bears to the aggregate amount of such marital deductions computed without regard to subparagraph (H) of section 812 (e) (1); and "(iii) if a deduction with respect to such gift is allowed under section 812 (d) (the so-called 'charitable deduction')-then by the amount of such value, reduced as provided in clause (i) of this subparagraph. "(C) Where the decedent was the donor of the gift but, under the provisions of section 1000 (f), the gift was con- sidered as made one-half by his spouse- "(i) the term 'the amount of the tax paid under chapter 4', as used in subparagraph (A) of this para- graph, includes the amounts paid with respect to each half of such gift, the amount paid with respect to each being computed in the manner provided in subparagraph (D); and "(ii) in applying, with respect to such gift, the ratio stated in subparagraph (A) of this paragraph, the value at the time of the gift or at the time of the death, referred to in such ratio, includes such value with respect to each half of such gift, each such value being reduced as provided in clause (i) of subparagraph (B) of this paragraph. "(D) (i) For the purposes of subparagraph (A), the amount of tax paid under chapter 4, or under Title III of the Revenue Act of 1932, with respect to any gift shall be an amount which bears the same ratio to the total tax paid for the year in which the gift was made as the amount of such gift bears to the total amount of net gifts (computed without deduction of the specific exemption) for such year. "(ii) For the purposes of clause (i) the 'amount of such gift' shall be the amount included with respect to such gift in determining (for the purposes of section 1003 (a), or of section 504 (a) of the Revenue Act of 1932) the total amount of gifts made during such year, reduced by the amount of any deduction allowed with respect to such gift under section 1004 (a) (2), or under section 505 (a) (2) of the Revenue Act of 1932 (the so-called 'charitable deduction'), or under section 1004 (a) (3) (the so-called 'marital deduction')." (c) Section 936 (b) (1) of the Internal Revenue Code (relating to credit for gift tax) is hereby amended by inserting after the words "entire gross estate" in clause (A) thereof the following: "reduced by the aggregate amount of the deductions allowed under subsections (d) and (e) of section 812". (d) Paragraph (2) of section 936 (b) of the Internal Revenue Code (relating to credit for gift tax) is hereby amended to read as follows: 122 [62 STAT.

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