Page:United States Statutes at Large Volume 40 Part 1.djvu/1117

SIXTY-FIFTH CONGRESS. Sess. III. Ch. 18. 1919. 1099 (3) The amormt of all bequests, legacies, devises, or ts, to or ¥-mn '*¤· for the use of the United States, any State, Ter·ritor·y, arti; o1iticalmiii%?ci(»i}?$il¤(¥vs°i°1iurY subdivision thereof, or the District of Columbia, for exdlusively °“‘°°d S‘°“"‘ public pmposes, or to or for the use of any domestic corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, mcluding the encouragement of art and the prevention of crue ty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, or to a trustee or trustees exclusively for such religious, charitable, scientific, literary, or educational pmposes within the United States. This deduction shall be made in case of the estates P"°‘ “*’P“°““°“· of all decedents who have daiedlsince December 31, 1917; and No deduction shall be allowed/in the case of a nomesident unless 1“‘“"""°°‘“"°"· the executor mcludes in the return required td be filed- under section 404 the value at the time of=his death of that art of the gross estate of the nonresident not situated in the United gtates. For the purpose of thb title stock in ac domestic corporation owned ,P,?}.’°'°Zj,§l‘°"{§’§,d,;‘,§ and held by a nonresident decedent, and the amount receivable as ¤‘°°°°· insurance upon the life of a nonresident decedent where the insurer is a domestic corporation, shall be deemed within the United States and any proriplrty of which the d t as madeia transfer or with respect to w 'ch he has created a trust, within the meaning of subdivision (c) of section 402, shall be deemed to be situated in the United States, if so situated either at the time of the transfer or the creation of the trust, or at the time of the decedent’s death. In the case of any estate in respect to which the tax under existing t" pm °° law has been paid, if necessary to allow the benefit of the deduction under paragraph (3) of subdivision (a) or (b) the tax shall be redetermined and any excem of taxpaid shall berefunded to the executor. Sm. 404. Thatthe executor, within sixty days after alualifying as ,,§{f,'},°{,g’,f,,,c"’,,’:f”** such or after coming into possession *0f any property of e decedent, whichever event first occurs shall give written notice thereof to the collector. The executor shall also, at such times and in such marmer §§,°“,,',';‘€,f°°°°'°°‘ as may be required bg regulations made pursuant to law, file with the collector a retrmr un er oath in duplicate, settinilgorth (a) the value of the gross estate of the decedent at the time of death, or, in case of a nonresident, of that part of estate situated in the United States; (b) the deductions allow under section 403; (c) the value of the net estate of the decedent as defined in section 403; and (d) the tax aid or payable thereon; or such part of such information as may at tllie time be ascertainable and such supplemental data as may be neccss to establish the correct tax. R t t bs Returnaghall be made in all cases where the gross estate at the if ,1221 ‘Z,m§'{,"§‘§ death of the decedent exceeds $50,000, and in the case of the estate of ”°·°°°»°°°· every nonresident any part of whose gross estate is situated m the P United States. If the executor is una le to make a complete return ""°l'°°“““‘ as to any part of the gross estate of the decedent, he sha include in his return a description of such part and the name of every person holding a legal or beneficial interest therein, and upon notice from the collector such person shall in like marmer make a return as to such mama, dm part of the gross estate. The Commissioner shall make all assessments of the tax under the authority of existing admrmstrative special and general provisions of law relating to the assessment and collection of taxes. _ mmm nd nsw Sec. 405. That if no administration is granted upon the estate of a qmnzmmmmsmdecedent, or if no return is Bled as provided in section 404 or if a “°'*·°‘°· return contains a false or incorrect statement of a material fact, the collector or deputy collector shall make a return and the Commissioner shall assess the tax thereon. Tim Ofpaymmh Sec. 406. That the tax shall be due one year after the decedent’s rzmmres. death; but in any case where the Commissioner finds that payment