Page:United States Statutes at Large Volume 81.djvu/812

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[81 STAT. 778]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 778]

"778

PUBLIC LAW 90-240-JAN. 2, 1968 , j,,

68A Stat. 124.

68A Stat. 264; 80 Stat. 1562.

Corporate acquisition s, carryover.

73 Stat. 139. 26 USC 801-843.

Second Liberty Bond Act, amendment. 40 Stat. 288.

Ante,

p. 99.

[81

STAT.

" (A) the amount (if any) remaining which was added to , the account for the tenth preceding taxable year, and " (B) the excess (if any) of the aggregate amount in the mortgage guaranty account over the aggregate amount in the reserve referred to in paragraph (1)(A). For purposes of determining such excess, the aggregate amount in the mortgage guaranty account shall be determined after applying subparagraph (A), and the aggregate amount in the reserve referred to in paragraph (1)(A) shall be determined by disregarding any amounts remaining in such reserve added for taxable years beginning before January 1, 1967, .,. " (C) an amount (if any) equal to the net operating loss for the taxable year computed without regard to this subparagraph, and " (D) any amount improperly subtracted from the account under subparagraph (A), (B), or (C) to the extent that tax and loss bonds were redeemed with respect to such amount. If a company liquidates or otherwise terminates its mortgage .^.,, guaranty insurance business and does not transfer or distribute such business in an acquisition of assets referred to in section 381(a), the entire amount remaining in such account shall be subtracted. Except in the case where a company transfers or dis,5, tributes its mortgage guaranty insurance in an acquisition of assets referred to in section 381(a), if the company is not subject to the tax imposed by section 831 for any taxable year, the entire amount in the account at the close of the preceding taxable year shall be subtracted from the account in such preceding taxable year." (d) Section 381(c) (22) of such Code (relating to carryovers in certain corporate acquisitions) is amended to read as follows: "(22) SUCCESSOR INSURANCE COMPANY.—If the acquiring corporation is an insurance company taxable under subchapter L, there shall be taken into account (to the extent proper to carry out the purposes of this section and of subchapter L, and under such regulations as may be prescribed by the Secretary or his delegate) the items required to be taken into account for purposes of subchapter L in respect of the distributor or transferor corporation." (e) The amendments made by subsections (a), (b), (c), and (d) shall apply to taxable years beginning after December 31, 1966, except that so much of section 832(e)(2) of the Internal Revenue Code of 1954 (as added by the amendment made by subsection (c)) as provides for payment of interest and penalties for failure to make a timely purchase of tax and loss bonds shall not apply with respect to any period during which such bonds are not available for purchase. (f) The Second Liberty Bond Act is amended by adding at the end thereof the following new section: "SEC. 26. The Secretary of the Treasury is authorized to issue, from time to time, tax and loss bonds, the proceeds of which shall be available to meet any public expenditures authorized by law, and to retire any outstanding obligations of the United States issued under this Act. Tax and loss bonds shall be nontransferable except as provided by the Secretary of the Treasury, shall bear no interest and shall be issued in such amounts, subject to the limitations imposed by section 21 of this Act, as are necessary to permit persons to comply with section 832(e) of the Internal Revenue Code of 1954. Tax and loss bonds shall