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Volume 64

Public Law 81–898

To provide for the refund of certain estate taxes.

Approved September 6, 1950

Statutory text

AN ACT

To provide for the refund of certain estate taxes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 7 (c) of Public Law 378, Eighty-first Congress, first session, is hereby amended to read as follows:

“(c)

If refund or credit of any overpayment resulting from the application of subsections (a) and (b) is prevented on the date of the enactment of this Act, or within one year from such date, by the operation of any law or rule of law (other than section 3760 of the

53 Stat. 2.

26 U. S. C. §§ 3760, 3761.

Internal Revenue Code, relating to closing agreements, and other than section 3761 of such code, relating to compromises), refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed within one year from the date of the enactment of this Act. This subsection shall not apply with respect to a transfer of property in case (1) the decedent retained for his life or for any period not ascertainable without reference to his death or for any period which did not in fact end before his death (A) the possession or enjoyment of, or the right to the income from, the property, or (B) the right, either alone or in conjunction with any person, to designate the persons who should possess or enjoy the property or the income therefrom, and (2) refund or credit of any overpayment resulting from the application of subsections (a) and (b) was prevented on or before January 16, 1949, by the operation of any law or rule of law.”

Approved September 6, 1950.

Parsed from the official Statutes at Large USLM XML in 64.xml