Page:United States Statutes at Large Volume 63 Part 1.djvu/930

 PUBLIC LAWS-CH. 720-OCT. 25, 1949 53 Stat. 462. 26 U. . C. §3761. 53 Stat. 15 . 26U.S.C.§23(q); Supp. II, § 23 (q). 53 Stat. 35 . 26U.S.C.§102(d) (1) (B). 53 Stat. 95. 26 U.S.C. §336(a)(2). 53 Stat. 108. 26 U.S.C. § 505 (a) (2). S9a. 53 Stat. 196. 26 U. S. C., Supp. II, §1802 (b). section 3761 of the Internal Revenue Code, relating to compromises), credit or refund of such overpayment may, nevertheless, be allowed or made if claim therefor is filed within one year from the date of the enactment of this Act. SEC. 3. CHARITABLE CONTRIBUTIONS BY CORPORATIONS ON ACCRUAL BASIS. (a) Section 23 (q) of the Internal Revenue Code (relating to charitable and other contributions) is hereby amended by adding at the end thereof the following: "In the case of a corporation reporting its net income on the accrual basis, at the election of the taxpayer any contribution or gift payment of which is made after the close of the taxable year and on or before the 15th day of the third month following the close of such year shall, for the purposes of this subsection, be considered as paid during such taxable year if, during such year, the board of directors author- ized such contribution or gift. Such election shall be made only at the time of the filing of the return for the taxable year, and shall be signified in such manner as the Commissioner, with the approval of the Secretary, shall by regulations prescribe." (b) Section 102 (d) (1) (B) of the Internal Revenue Code (relat- ing to section 102 net income), section 336 (a) (2) of such code (relat- ing to net income of foreign personal holding companies), and section 505 (a) (2) of such code (relating to net income of domestic personal holding companies) are each amended by adding at the end thereof the following new sentence: "For the purposes of the preceding sen- tence, payment of any contribution or gift shall be considered as made within the taxable year if and only if it is considered for the purposes of section 23 (q) as made within such year." . (c) The amendments made by this section shall be applicable with respect to taxable years beginning after December 31, 1942. If the election provided for in such amendments is made for any taxable year beginning before January 1, 1949- (1) the election for such year may be made (in lieu of at the time of the filing of the return for such year) at any time within one year after the date of the enactment of this Act; but (2) such election shall not be allowed unless the taxpayer, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, consents in writing to the assessment (within such period as may be agreed upon) of any deficiency, to the extent resulting from such election, for any other taxable year of the taxpayer, even though on the date of the filing of such con- sent such assessment is otherwise prevented by the operation of any law or rule of law. SEC. 4. TRANSFERS OF STOCK BETWEEN CORPORATION AND NOM- INEE. (a) Section 1802 (b) of the Internal Revenue Code (relating to stamp taxes on sales and transfers of stock) is hereby amended by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon, and by inserting after clause (2) the following new clause: "(3) From a corporation to a registered nominee of such cor- poration, or from one such nominee to another such nominee, if in either case the shares or certificates continue to be held by such nominee for the same purpose for which they would be held if retained by such corporation; or from such nominee to such corporation." (b) In the case of the death before the date of the enactment of this Act of a nominee of a corporation (whether or not such nominee 892 [63 STAT.

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