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Page:United States Statutes at Large Volume 61 Part 1.djvu/369

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61 STAT.] 80TH CONG., 1ST SESS.-CH. 258 -JULY 16, 1947 (d) An individual not living with husband or wife during the greater portion of the taxable year for the purposes of this article, shall be considered as a single person. (e) The election given by this section as to the computation of tax due shall be considered to have been made if the taxpayer files the return prescribed for such computation and such election shall be final and irrevocable. (f) If the taxpayer for any taxable year has filed a return com- puting his tax without regard to this section, he may not thereafter elect for such year to compute his tax under this section. (g) This section shall not apply to any fiduciary or to any married resident living with husband or wife at any time during the taxable year whose spouse files a return and computes the tax without regard to this section. (h) If a husband and wife living together file separate returns, each shall be treated as a single person for the purposes of this section. SEC. 5. CREDIT AGAINST TAX ALLOWED RESIDENTS.- The amount of tax payable under this title by an individual who, although a resident of the District of Columbia as defined in this article, was nevertheless a bona fide domiciliary of any State or Territory of the United States or political subdivision thereof during the taxable year shall be reduced by the amount required to be paid by such individual as income or intangible personal property taxes, or both, for such taxable year to the State, Territory, or political subdivision thereof of which he was a domiciliary. The Assessor may require proof, satisfactory to him, of the payment of such income or intangible personal property taxes: Provided, however, That the credit provided for by this section shall not be allowed against any tax imposed under title VIII of this article. TITLE VII-TAX ON CORPORATIONS SEC. 1. TAXABLE INCOME DEFINED.- For the purposes of this title, and unless otherwise required by the context, the words "taxable income" mean the amount of net income derived from sources within the District within the meaning of title X of this article. SEC. 2. IMPOSITION AND RATE OF TAx.-For the privilege of carrying on or engaging in any trade or business within the District and of receiving income from sources within the District, there is hereby levied for each taxable year a tax at the rate of 5 per centum upon the taxable income of every corporation, whether domestic or foreign (except those expressly exempt under title II of this article). TITLE VIII-TAx ON UNINCORPORATED BUSINESSEs SEC. 1 . DEFINITION OF UNINCORPORATED BUSINESS. -For the purposes of this article (not alone of this title) and unless otherwise required by the context, the words "unincorporated business" mean any trade or business, conducted or engaged in by any individual, whether resident or nonresident, statutory or common-law trust, estate, partnership, or limited or special partnership, society, association, executor, admin- istrator, receiver, trustee, liquidator, conservator, committee, assignee, or by any other entity or fiduciary, other than a trade or business conducted or engaged in by any corporation; and include any trade or business which if conducted or engaged in by a corporation would be taxable under title VII of this article. The words "unincorporated business" do not include any trade or business which by law, customs, or ethics cannot be incorporated or any trade or business in which more than 80 per centum of the gross income is derived from the personal services actually rendered by the individual or members of the partnership or other entity in the conducting or carrying on of 345 Individual consid- ered as single person. Finality of election. Nonapplicability of section. Spouse treated as single person. Bona fide domicili- ary of a State, etc. "Taxable income." Post, p. 349. /Ane, p . .34. "Unincorporated business."