Page:United States Statutes at Large Volume 92 Part 1.djvu/74

 92 STAT. 20

26 USC 6212. 26 USC 6213.

Ante, p. 15.

26 USC 267.

PUBLIC LAW 95-227—FEB. 10, 1978 "(4) CORRECTION PERIOD.—The term 'correction period* means, with respect to any act of self-dealing, the period beginning with the date on which the act of self-dealing occurs and endih.!; 90 days after the date of mailing of a notice of deticionoy under section 6212 with respect to the tax imposed by subsection (b)(1), extended by— "(A) any period in which a deficiency cannot be assessed under section 6213(a), and "(B) any other period which the Secretary detenuines is reasonable and necessary to bring about correction of the act of self-dealing. "(6) DISQUALIFIED PERSON.—The term 'disqualified person' means, with respect to a trust described in section 501(c) (21), a person who is— " (A) a contributor to the trust, "(B) a trustee of the trust, "(C) an owner of more than 10 percent of— " (i) the total combined voting power of a corporation, "(ii) the profits interest of a partnership, or "(iii) the beneficial interest of a trust or unincorporated enterprise, which is a contributor to the trust, " (D) an officer, director, or employee of a person who is a contributor to the trust, " (E) the spouse, ancestor, lineal descendant, or spouse of a lineal descendant of an individual described in subparagraph (A),(B),(C),or(D), , _ " (F) a corporation of which persons described in subparagraph (A), (B), (C), (D), or (E) own more than 35 percent of the total combined voting power, "(G) a partnership in which persons described in nubparagraph (A), (B), (C), (D), or (E), own more than 35 percent of the profits interest, or " (H) a trust or estate in which persons describe! in subparagraph (A), (B), (C), (D), or (E), hold more than 35 percent of the laeneficial interest. For purposes of subparagraphs (C)(i) and (F), there shall be taken into account indirect stockholdings which would be taken into account under section 267(c), except that, for purposes of this paragraph, section 267(c)(4) shall be treated as providing that the members of the family of an individual are only those individuals described in subparagraph (E) of this paragraph. For purposes of subparagraphs (C) (ii) and (iii), (G),and (H), the ownership of profits or beneficial interests shall be determined in accordance with the rules for constructive ownership of stock provided in section 267(c) (other than paragraph (3) thereof), except that section 267(c)(4) shall be treated as providing that the members of the family of an individual are only those individuals described in subparagraph (E) of this para*rraph, "(f) PAYMENTS OF BENEFITS.—For purposes of this section, n 'payment, out of assets or income of a trust described in section 501 ^c) (21), for the purposes described in clause (i) of section 501(c) (21)(A) snail not be considered an act of self-dealing.

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