Page:United States Statutes at Large Volume 68A.djvu/50

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INTERNAL REVENUE CODE OF 1954

SEC. 4. RULES FOR OPTIONAL TAX. (a) N U M B E R OF EXEMPTIONS,—For purposes of the table in section

3, the term "number of exemptions" means the number of the exemptions allowed under section 151 as deductions in computing taxable income. (b) M A N N E R OF ELECTION.—The election referred to in section 3

shall be made in the manner provided in regulations prescribed by the Secretary or his delegate. (c) HUSBAND OR W I F E F I L I N G SEPARATE R E T U R N. — A husband or wife may not elect to pay the optional tax imposed by section 3 if the tax of the other spouse is determined under section 1 on the basis of taxable income computed without regard to the standard deduction. For purposes of the preceding sentence, determination of marital status shall be made under section 143. (d) CERTAIN OTHER TAXPAYERS INELIGIBLE.—Section 3 shall not apply to ^ (1) a nonresident alien individual; (2) a citizen of the United States entitled to the benefits of section 931 (relating to income from sources within possessions of the United States); (3) an individual making a return under section 443(a)(1) for a period of less than 12 months on account of a change in his accounting period; or (4) an estate or trust. (e) TAXABLE INCOME COMPUTED W I T H STANDARD DEDUCTION.—

Whenever it is necessary to determine the taxable income of a taxpayer who made the election referred to in section 3, the taxable income shall be determined under section 63(b) (relating to definition of taxable income for individuals electing standard deduction). (f) CROSS R E F E R E N C E S. —

(1) For other applicable rules (including rules as to the change of an election under section 3), see section 144. (2) For disallowance of certain credits against tax, see section 36. SEC. 5. CROSS REFERENCES RELATING TO TAX ON INDIVIDUALS. (a) OTHER R A T E S OF T A X ON INDIVIDUALS, ETC.— (1) For rates of tax on nonresident aliens, see section 871. (2) For doubling of tax on citizens of certain foreign countries, see section 891. (3) For alternative tax in case of capital gain, see section 1201(b). (4) For rate of withholding in the case of nonresident aliens, see section 1441. (b) SPECIAL LIMITATIONS ON T A X. — (1) For limitation on tax attributable to receipt of lump sum under annuity, endowment, or life insurance contract, see section 72(e)(3). (2) For limitation on surtax attributable to sales of oil or gas properties, see section 632. (3) For limitation on tax in case of income of members of Armed Forces on death, see section 692. (4) For limitation on tax with respect to compensation for long-term services, see section 1301. (5) For limitation on tax with respect to income from artistic work or inventions, see section 1302. (6) For limitation on tax in case of back pay, see section 1303.

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