Page:United States Statutes at Large Volume 98 Part 1.djvu/745

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 697

"(f) FAILURE TO REQUEST CHANGE OF METHOD OF ACCOUNTING.—If

the taxpayer does not file with the Secretary a request to change the method of accounting, the absence of the consent of the Secretary to a change in the method of accounting shall not be taken into account— "(1) to prevent the imposition of any penalty, or the addition of any amount to tax, under this title, or "(2) to diminish the amount of such penalty or addition to '= tax." (b) EFFECTIVE DATE.—The amendment made by this section shall 26 USC 446 note. apply to taxable years beginning after the date of the enactment of this Act. SEC. 162. CLARIFICATION OF CHANGE OF VENUE FOR CERTAIN TAX OFFENSES. ,..-M -.^-j-.j,; Section 3237(b) of title 18 of the United States Code is amended to read as follows: "(b) Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1954, or where venue 26 USC 7203. for prosecution of an offense described in section 7201 or 7206 (1), (2), or (5) of such Code (whether or not the offense is also described in 26 USC 7201, another provision of law) is based solely on a mailing to the Internal 7206. Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may

upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information." SEC. 163. EXTENSION OF STATUTE OF LIMITATIONS WITH RESPECT TO CERTAIN EXPENDITURES RELATING TO CONTRIBUTIONS IN AID OF CONSTRUCTION. (a) IN GENERAL.—Section 118 (relating to contributions to the 26 USC 118. capital of a corporation) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) STATUTE OF LIMITATIONS.—If the taxpayer for any taxable

year treats an amount as a contribution to the capital of the taxpayer described in subsection (b), then— "(1) the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of— "(A) the amount of the expenditure referred to in subparagraph (A) of subsection (b)(2), "(B) the taxpayer's intention not to make the expenditures referred to in such subparagraph, or "(C) a failure to make such expenditure within the period described in subparagraph (B) of subsection (b)(2); and K "(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment." (b) TECHNICAL AMENDMENTS.—