Page:United States Statutes at Large Volume 72 Part 1.djvu/1086

 [72

PUBLIC LAW 85-840-AUG. 28, 1958

1044

ST AT.

distributive share of the partnership's ordinary income or loss for the partnership taxable year as is not attributable to an interest in the partnership during any period beginning on or after the first day of the first calendar month following the month in which such partner died. For purposes of this subsection— "(1) in determining the portion of the distributive share which is attributable to any period specified in the preceding sentence, the ordinary income or loss of the partnership shall be treated as having been realized or sustained ratably over the partnership taxable year; and ''(2) the term 'deceased partner's distributive share' includes the share of his estate or of any other person succeeding, by reason of his death, to rights with respect to his partnership interest." Effective Date

Ante, 1043.

pp.

1041-

Ante, p. 1043.

(b)(1) Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only with respect to individuals who die after the date of the enactment of this Act. (2) In the case of an individual who died after 1955 and on or before the date of the enactment of this Act, the amendment made by subsection (a) shall apply only if— (A) before January 1, 1960, there is filed a return (or amended return) of the tax imposed by chapter 2 of the Internal Revenue Code of 1954 for the taxable year ending as a result of his death, and (B) in any case where the return is filed solely for the purpose of reporting net earnings from self-employment resulting irom the amendment made by subsection (a), the return is accompanied by the amount of tax attributable to such net earnings. I n any case described in the preceding sentence, no interest or penalty shall be assessed or collected on the amount of any tax due under chapter 2 of such Code solely by reason of the operation of section 1402(f) of such Code. SERVICE I N

26 USC 3121.

CONNECTION

W I T H GUM

WAIVER

CBRTIEICATES

SEC. 405. (a) Section 3121(k)(1) of the Internal Revenue Code of 1954 is amended to read as follows: "(1)

26 USC 5 0 1.

PRODUCTS

SEC. 404. (a) Section 3121(b)(1) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended to read as follows: "(1) service performed by foreign agricultural workers (A) under contracts entered into in accordance with title V of the Agricultural Act of 1949, as amended (65 Stat. 119; 7 U.S.C. 1461-1468), or (B) lawfully admitted to the United States from the Bahamas, Janiaica, and the other British West Indies, or from any other foreign country or possession thereof, on a temporary basis to perform agricultural labor;". (b) The amendment made by subsection (a) shall apply with respect to service performed after 1958. NONPROFIT ORGANIZATION ' S

26 USC 3121.

RESIN

WAIVER OF EXEMPTION BY ORGANIZATION.—

" (A) An organization described in section 501(c)(3) which is exempt from income tax under section 501(a) may file a certificate (in such form and manner, and with such official, as m a j be prescribed by regulations made under this chapter) certifying that it desires to have the insurance sys-

�