State Of New York et al v. Mnuchin et al
Filing
47
DECLARATION of Owen T. Conroy in Support re: 44 CROSS MOTION for Summary Judgment .. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106)(Conroy, Owen)
Exhibit 51
452
PUBLIC LAW 183—OCT. 20, 1951
Public Law 183
„ ,
October 20. W51
|H R
- - "^
i«M*VCQUe
Acl of
|65 STAT.
CHAPTER
521
AN ACT
To provide revenue, and for other purpose*.
Be it enacted by the Senate and House of Representatives of the
United States of America m Congress assembled, That (a) SHORT
TITLE.—This Act, divided into titles and sections according to the
following table of contents, may be cited as the "Revenue Act of 1951":
TABLE OF CONTENTS
TITLE
Pott, p. 4S9.
I—INCREASE IN INCOME TAX RATES
PART I—INDIVIDUAL INCOME TAXES
Sec. 101.
(a)
(b)
Sec. 102.
Sec. 103.
(a)
Definition of service In eomhat zone.
(c) Withholding on wages.
(d) Effective dates.
Sec. 306. Involuntary liquidation and replacement of inventory.
(a) Amendment of section 22 (<1> (6) (F) (iii).
(b) Effective date.
Sec. 307. Medical expenses.
(a) Amendment of section 23 Effective date.
Sec. 314. Income tax treatment of exempt, cooperatives.
(a) Amendment of section 101 (12).
(b) Technical amendments.
(e) Information returns,
(d) Effective date.
Sec, 315. Surtax on corporations Improperly accumulating surplus.
(a) Long-term capital gains.
(b) Effective date.
Sec. 316. Election as to recognition of gain in certain corporate liquidations.
(a) Amendment of section 112 (b) (7).
(b) Basis of property.
(c) Effective date.
See. 317. Certain distributions of stock on reorganization,
(a) Distributions nut in liquidation.
(b) Basis of stock.
(c) Effective date.
Sec. 318. Gain from sale or exchange of taxpayer's residence.
(a) Nonrecognition of gain in certain cases,
(b) Technical amendments.
Treatment of deductions.
(c) Effective date.
Sec. 324. Sales of livestock.
Sec. 325. Tax treatment of coal royalties.
(a) Definition of property used In the trade or business.
(b) Gain or loss upon certain disposals of timber or coal.
(c) Clerical amendment
(d) Technical amendment.
(e) Conforming amendments.
(f) Effective date.
Sec. 326. Collapsible corporations.
(a) Definitions with respect to collapsible corporations.
(b) Limitations on application of section 117 (m).
(ej Effective date.
Sec. 327. Dealers in securities—capital gains and ordinary losses.
Sec. 328. Treatment of gain on sales of certain property between spouses and
between an Individual and a controlled corporation.
(a) Disallowance of capital gain treatment
(b) Effective date.
Sec. 329. Receipts of certain termination payments by employee.
(a) Taxability to employee as capital gain.
(b) Effective date.
Sec. 330. Net operating loss carry-over.
(a) Loss for taxable year beginning before 1948.
(b) Allowance of three-year loss carry-over from taxable years 1948-1049.
(c) Effective date.
Sec. 331. Stock options.
(a) Option subject to stockholder approval.
(b) Effective date.
Sec. 332. Credit for taxes of foreign corporations.
(a) Foreign subsidiary of a domestic corporation.
(b) Foreign subsidiary of a foreign corporation.
(c) Clerical amendment.
Sec. 333. Information at source on payments of interest
Sec. 334. Abatement of income tax for certain members of armed forces upon
death.
Sec. 335. Employees' trusts.
(a) Amendment of section 165 (b).
(b) Effective date.
Sec. 336. Life insurance companies.
(a) Tax for 1951.
(b) Adjusted normal-tax net income for 1951.
(c) Technical amendments.
(d) Effective date.
Sec. 337. Tax treatment of certain Investment companies.
(a) Inclusion of certain registered management companies in the definition of regulated Investment company.
(b) Technical amendment.
(c) Effective date.
85
STAT]
PUBLIC LAW 183—OCT. 20, 1951
455
TABLE OF CONTENTS—Continued
TITUS
III—MiBCFXtAwuouB INCOME TAX AMENDMENTS—Continued
^>*. P- "JO.
Sec. 338. Exchanges and distributions in obedience to orders of Securities and
Exchange Commission.
(a) Definition of system group.
(b) Effective date.
Sec. 339. Taxation of business Income of State colleges and universities.
(a) Amendment of section 421 (b).
(b) Unrelated trade or business.
(c) Effective date.
Sec. 340. Family partnerships.
(a) Definition of partner.
(b) Allocation of partnership income.
p. 521.
456
PUBLIC LAW 183—OCT. 20, 1951
[65 STAT.
TABLE OF CONTENTS—Continued
TITLE
Pati, p. 523.
IV—EXCISE TAXES—Continued
FAST
Sec. 431.
(a)
(b)
Sec. 432.
P«Jt, P. 623.
in—KETAHJCBS'
EXCISE TAXSB
Retailers' excise tax on toilet preparations.
Baby oils, etc.
Sales to barber shops, etc.
Effective date of Part HI.
PAET IV—DIESEL FUEL
Sec. 441. Diesel fuel used In highway vehicles.
(a) Imposition of tax.
(b) Effective date.
Pott, p. BM.
PAST V—LIQUOB
Sec. 451. Increase In tax on distilled spirits from $9 to $10.50 per gallon.
(a) Distilled spirits generally.
(b) Imported perfumes containing distilled spirits.
(c) Floor stocks tax.
Sec. 452. Wines.
(a) Increase in rate of tax.
(b) Floor stocks.
Sec. 453. Fermented malt liquor.
(a) Increasein tax on fermented malt liquors from $8 to $9 per barrel.
(b) Floor stocks tax.
Sec. 454. Floor stocks refunds.
(a) Amendment of section 1656 (a).
(b) Amendment of section 1656 (b).
Sec. 455. Clerical amendment
Sec. 456. Effective date of Part V.
Pott, p. 528.
PART VI
Sec. 461.
(a)
(b)
(c)
Sec. 462.
(a)
(b)
Sec. 463.
Sec. 464.
Pott, p. 429.
Dealers in liquors.
Wholesale dealers in liquors.
Retail dealers in llquorB.
Wholesale dealers in malt liquors.
Drawback in the case of distilled spirits used in the manufacture of
certain nonbeverage products.
Drawback.
Effective date.
Tax on coin-operated gaming devices.
Effective date of Part VI.
PART Vn—WAGERIira
Sec. 471.
(a)
(b)
Sec. 472.
Pott, p. 532.
OCCUPATIONAL TAXES
Wagering taxes.
Imposition of taxes.
Technical amendment
Effective date of Part VII.
PART VIII—IIANUFACTDBERS' EXCISE TAXES
Sec. 481. Automobiles, trucks, and parts or accessories.
(a) Increase in tax on trucks.
(b) Increase in tax on passenger automobiles and motorcycles.
(c) Increase In tax on parts or accessories.
(d) Rebuilt parts or accessories.
(e) Technical amendment.
(f) Parts or accessories for farm equipment.
(g) Effective date of subsection (f).
(h) Removal of tax on tires for toys, etc.
Sec. 482. Navigation receivers sold to the United States.
{a) Exemption on sales to United States of certain radio sets.
(b) Tax-free sales of radio parts.
(c) Refund in case of use of parts.
(d) Refund In case of resale to United States.
(e) Use by manufacturer of taxable parts.
(f) Effective dates.
65 STAT.)
PUBLIC LAW 183—OCT. 20, 1951
457
TABLE OF CONTENTS—Continued
TITLK
PAST
IV—EXCISE TAXES—Continued
?m—MANtTACrUBEEs' EXCISE TAZES—Continued
Pott, p. m
Sec. 483. Tax-free sales of refrigerator components to wholesalers for resale
to manufacturers.
Sec. 484. Sporting goods.
Sec. 485. Electric, gas, and oil appliances.
Sec. 486. Adjustments of tax rates on photographic apparatus and film; repeal
of tax on certain items.
(a) Items subject to tax.
(b) Floor stocks refund on bulbs.
Sec. 487. Imposition of tax on mechanical pencils, fountain and ball point pens,
and mechanical lighters for cigarettes, cigars, and pipes.
Sec. 488. Repeal of tax on electrical energy.
(a) Repeal of tax.
1.
(a)
(b)
(c)
(d)
Sec. 482.
(a)
(b)
Sec. 493.
(a)
(b)
Sec. 494.
(a)
(b)
Sec. 496.
(a)
(b)
Sec. 486.
(a)
(b)
Sec. 497.
(a)
P- is*2-
TITLE
VI—MISCELLANEOUS PROVISIONS AND AMENDMENTS
Sec. 601. Exemption of certain organizations from Income tax for prior taxable
years.
Sec. 002. Excess profits credit based on income.
(a) Percentage of average base period net Income taken into account.
(b) Effective date.
Sec. 603. Foreign estate tax credit.
(a) Credit against basic estate tax.
(b) Credit against additional estate tax.
(c) Reversionary or remainder interest.
(d) Extension of period of limitations, etc., in case of recovery of taxes
claimed as credit.
(e) Effective date.
Sec. 604. Estate and gift tax treatment of United States bonds held by certain
nonresident aliens.
(a) Estate tax.
(b) Gift tax.
Sec. 605. Estate tax exemption for works of art loaned by nonresident aliens.
(a) Amendment of section 863 (c).
(b) Effective date.
Sec. 606. Exemption from additional estate tax of members of armed forces upon
death.
Sec. 607. Transfers conditioned upon survivorship.
Sec. 608. Transfers with Income reserved.
Sec. 600. Transfers taking effect at death.
Sec. 610. Reversionary interests In case of life insurance.
Sec. 611. Income pursuant to award of Interstate Commerce Commission.
Sec. 612. Credit in prior taxable years for dividends received on preferred stock
of a public utility.
Sec. 613. Consolidated returns—includible corporations.
Sec. 614. Time for performing certain acts postponed in case of China Trade
Act corporations.
Sec. 615. Treaty obligations.
Sec. 616. Reorganization Plan Numbered 26 of 1050.
Sec. 617. Claims under the Renegotiation Act
Sec. 618. Prohibition upon denial of Social Security Act funds.
Sec. 619. Removal of tax exemption from expense allowances of the President,
the Vice President, the Speaker and Members of Congress.
(a) Expense allowance of the President.
(b) Expense allowance of the Vice President
(c) Expense allowance of the Speaker of the House of Representatives.
(d) Expense allowances of Members of Congress.
(e) Effective dates.
65 STAT.]
PUBLIC LAW 183—OCT. 20, 1951
459
(b) ACT AMENDATORY OF INTERNAL REVENUE CODE.—Except as
otherwise expressly; provided, wherever in this Act an amendment or
repeal is expressed in terms of an amendment to or repeal of a chapter,
subchapter, title, supplement, section, subsection, subdivision, paragraph, subparagraph, or clause, the reference shall be considered to
be made to a provision of the Internal Revenue Code.
(c) MEANING OF TERMS USED.—Except as otherwise expressly provided, terms used in this Act shall have the same meaning as when
used in the Internal Revenue Code.
TITLE I—INCREASE IN INCOME TAX RATES
PART I—INDIVIDUAL INCOME TAXES
SEC. 101. INCREASE IN SURTAX FOR 1951,1952, AND 1953.
(a) Rates of Surtax.—Section 12 (b) (relating to rates of surtax)
is hereby amended to read as follows:
"(b) RATES or SUHTAX.—
"(1) CALENDAB YEAH i95i.—In the case of a taxable year
beginning on January 1, 1951, and ending on December 31,1951,
there shall be levied, collected, and paid for such taxable year
upon the surtax net income of every individual the surtax shown
in the following table:
"If the surtax net income is:
Not over $2,000
Over 52.000 but not over $4,000
Over $4,000 bat not over $6,000
Over $6,000 but not over $8,000
Over $8,000 but not over $10,000
Over $10,000 but not over $12,000
The surtax shall be:
17.4% of the surtax net income.
$348, plus 19.4% of excess over $2,000.
$736, plus 24% of excess over $4,000.
$1,216. plus 27% of excess over $6,000.
$1,756, plus 32% of excess over $8,000.
$2,396, plus 36% of excess over
$10,000.
Over $12,000 but not over $14,000
$3,11(1, plus 40% of excess over
$12,000.
Over $14,000 but not over $16,000
$3,016, plus 46% of excess over $14,000.
Over $18,000 but not over $18,000
$4,816, plus 48% of excess over $16,000.
Over $18,000 but not over $20,000
$5,776, plus 51% of excess over $18,000.
Over $20,000 but not over $22,000
$6,796, plus 54% of excess over $20,000.
Over $22,000 bat not over $26,000
$7,876, plus 57% of excess over $22,000.
Over $26,000 but not over $32,000
$10,156, plus 00% of excess over
$26,000.
Over $32,000 but not over $38,000
$13,756, plus 63% of excess over
$32,000.
Over $88,000 but not over $44,000
$17,536, plus 66% of excess over
$38,000.
Over $44,000 but not over $50,000
$21,496, plus 70% of excess over
$44,000.
Over $50,000 but not over $60,000
$25,696, plus 72% of excess over
$50,000.
Over $60,000 but not over $70,000
$32,896, plus 75% of excess over
$60,000.
Over $70,000 but not over $80,000
$40,396, plus 79% of excess over
$70,000.
Over $80,000 but not over $90,000
$48,296, plus 81% of excess over
$80,000.
Over $90,000 but not over $100,000._
$56,396, plus 84% of excess over
$90,000.
Over $100,000 but not over $150,000.. $64,796, plus 86% of excess over
$100,000.
Over $150,000 but not over $200,000—
$107,796, plus 87% of excess over
$150,000.
Over $200,000
$151,296, plus 88% of excess over
$200,000.
63 Stat. 5.
M U. 8. O. 112 (b).