Page:United States Statutes at Large Volume 53 Part 2.djvu/100

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PUBLIC LAWS-CH. 59-APR. 12 , 1939 (b) did include any such amount in such return, but is entitled under section 201 of this Act to have the tax attributable thereto credited or refunded. Creditsaandrund s. SEC. 203. Any amount of income tax (including interest, additions to tax, and additional amounts) collected on, before, or after the date of the enactment of this Act for any taxable year beginning prior to January 1, 1939, to the extent attributable to compensation for per- sonal service as an officer or employee of a State, or any political subdivision thereof, or any agency or instrumentality of any one or more of the foregoing, shall be credited or refunded in the same Timeforfringelaim. manner as in the case of an income tax erroneously collected, if claim for refund with respect thereto is filed after January 18, 1939, and the Commissioner of Internal Revenue, under regulations pre- scribed by him with the approval of the Secretary of the Treasury, finds that disallowance of such claim would result in the application of the doctrines in the cases of Helvering against Therrell (303 U. S. 218), Helvering against Gerhardt (304 U. S . 405), and Graves et al. against New York ex rel O'Keefe, decided March 27, 1939, extending the classes of officers and employees subject to Federal taxation. by statute of limt- SE. 204. Neither section 201 nor section 203 shall apply in any tions. case where the claim for refund, or the institution of the suit, or the filing of the petition with the Board, was, at the time filed or begun, barred by the statute of limitations properly applicable thereto. Compenfsation con- SEc. 205. Compensation shall not be considered as compensation within the meaning of sections 201, 202, and 203 to the extent that it is paid directly or indirectly by the United States or any agency or instrumentality thereof. Meaning of terms. SEC. 206. The terms used in this Act shall have the same meaning I.B.'. ch. 1. as when used in Chapter I of the Internal Revenue Code. Restriction on col- SEC. 207. No collection of any tax (including interest, additions lection of taxes by stateand local author- to tax, and penalties) imposed by any State, Territorry, possession, ities, etc. or local taxing authority on the compensation, received before Janu- ary 1, 1939, for personal service as an officer or employee of the Exempt agencies. United States or any agency or instrumentality thereof which is exempt from Federal income taxation and, if a corporate agency or instrumentality, is one (a) a majority of the stock of which is owned by or on behalf of the United States, or (b) the power to appoint or select a majority of the board of directors of which is exercisable by or on behalf of the United States, shall be made after the date of the enactment of this Act. wTite Stnapplicble SE. 208. This title shall not apply with respect to any officer or taes compensation employee of a State, or any political subdivision thereof, or any edprior toJan. agency or instrumentality of any one or more of the foregoing, after the Secretary of the Treasury has determined and proclaimed that it is the policy of such State to collect from any individual any tax, interest, additions to tax, or penalties, on account of compensation received by such individual prior to January 1, 1939, for personal service as an officer or employee of the United States or any agency or instrumentality thereof. In making such determination the Sec- retary of the Treasury shall disregard the taxation- of officers and employees of any corporate agency or instrumentality which is not exempt from Federal income taxation, or which if so exempt is one (a) a majority of the stock of which is not owned by or on behalf of the United States and (b) the power to appoint or select a majority of the board of directors of which is not exercisable by or on behalf of the United States. [53 STAT.