Title II — TAX ON INCOME
SEC. 59. Tax on Profits Collectible from Owner or Other Persons. — The tax
imposed under this Title upon gains, profits, and income not falling under the
foregoing and not returned and paid by virtue of the foregoing or as otherwise
provided by law shall be assessed by personal return under rules and regulations
to be prescribed by the Secretary of Finance, upon recommendation of the
Commissioner. The intent and purpose of the Title is that all gains, profits and
income of a taxable class, as defined in this Title, shall be charged and assessed
with the corresponding tax prescribed by this Title, and said tax shall be paid
by the owners of such gains, profits and income, or the proper person having
the receipt, custody, control or disposal of the same. For purposes of this Title,
ownership of such gains, profits and income or liability to pay the tax shall be
determined as of the year for which a return is required to be rendered.
CHAPTER X. ESTATES AND TRUSTS
SEC. 60. Imposition of Tax. —
(A)
Application of Tax. — The tax imposed by this Title upon individuals
shall apply to the income of estates or of any kind of property held in trust,
including:
(1) Income accumulated in trust for the benefit of unborn or
unascertained person or persons with contingent interests, and
income accumulated or held for future distribution under the terms
of the will or trust;
(2) Income which is to be distributed currently by the fiduciary to the
beneficiaries, and income collected by a guardian of an infant which
is to be held or distributed as the court may direct;
(3) Income received by estates of deceased persons during the period of
administration or settlement of the estate; and
(4) Income which, in the discretion of the fiduciary, may be either
distributed to the beneficiaries or accumulated.
(B)
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Exception. — The tax imposed by this Title shall not apply to employee’s
trust which forms part of a pension, stock bonus or profit-sharing plan
of an employer for the benefit of some or all of his employees (1) if
contributions are made to the trust by such employer, or employees, or
both for the purpose of distributing to such employees the earnings and
principal of the fund accumulated by the trust in accordance with such
plan, and (2) if under the trust instrument it is impossible, at any time
prior to the satisfaction of all liabilities with respect to employees under
the trust, for any part of the corpus or income to be (within the taxable
year or thereafter) used for, or diverted to, purposes other than for the
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