Page:United States Statutes at Large Volume 67.djvu/660

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PUBLIC LAW 287-AUG. 15, 1953

[67 S T A T.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply only with respect to estates of decedents dying after December 31, 1950. SEC. 209. REVERSIONARY INTERESTS IN CASE OF LIFE INSURANCE. (a) DECEDENTS DYING AFTER JANUARY 10, 1941, AND BEFORE OCTO-

BER 22, 1942.—Effective with respect to estates of decedents dying after January 10, 1941, and before October 22, 1942, the proceeds of life insurance receivable by beneficiaries other than the executor shall not 26 USC 811. be included in the gross estate of a decedent under section 811(g) of the Internal Revenue Code unless such proceeds would have been includible under section 404(c) of the Revenue Act of 1942 (as staf.^*l2! ^'*^' ^'^ amended by section 503(a) of the Revenue Act of 1950) had such 26* use's 11 note, section 404(c), as so amended, applied to such estate. (b) INTEREST.—No interest shall be allowed or paid on any overpayment resulting from the application of subsection (a) with respect to any payment made before the date of the enactment of this Act. SEC. 210. MARITAL DEDUCTION IN CERTAIN CASES WHERE DECEDENT DIED BEFORE APRIL 3, 1948. ' (a) IN GENERAL.—In the case of an interest in property passing by will from the decedent, if the surviving spouse is entitled for life to all the income from such property, payable annually or at more frequent intervals, with power m the surviving spouse to use and consume such portion of the property as the surviving spouse may need or desire for her (or his) comfortable support and maintenance, and with no power in any person other than the surviving spouse to appoint any part of such property, then— (1) the interest so passing shall, for the purposes of subpara62 Stat. 117. graph (A) of section 812(e)(1) of the Internal Revenue Code, be considered as passing to the surviving spouse; and (2) no part of the interest so passing shall, for the purposes of subparagraph (B)(i) of section 812(e)(1) of the Internal Revenue Code, be considered as passing to any person other than ^ the surviving spouse. Nothing in this subsection shall be construed to permit the same items to be twice deducted. (b) ELECTION.—The provisions of subsection (a) shall apply only if the surviving spouse files an election under this section with the Secretary within one year after the date of the enactment of this Act under such regulations as the Secretary shall prescribe. If such election is so filed, the property subject to such power shall, notwithstanding any other provision of law, be considered for purposes of 26 USC 800-1031. chapters 3 and 4 of the Internal Revenue Code as property as to which the surviving spouse had a general power of appointment exercisable by deed or will. I f the surviving spouse has made an election pursuant to this section, the periods of limitation provided ' in chapters 3 and 4 of the Internal Revenue Code on the making of an assessment and the beginning of distraint or a proceeding in court for collection shall, with respect to any deficiency and interest thereon resulting from such election, include one year immediately following the date such election is filed, and such assessment and collection may be made notwithstanding any provision of law or any rule of law which otherwise would prevent such assessment and collection. (c) INTEREST.—No interest shall be allowed or paid on any overpayment resulting from the application of this section. (d) EFFECTIVE DATE.—This section shall apply only with respect to estates of decedents dying after December 31, 1947, and on or before

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