PUBLIC LAWS-CH. 289-MAY 28, 1938 Deductions to be in- cluded in net income of beneficiary, etc. Credits against net income. Credits of estate or trust. Ante, p. 467. Ante, p. 466. Credits of benefi- ciary. Ante, p. 468. Different taxable years. Computation, if tax- able year of estate or trust and beneficiary differ. year to any legatee, heir, or beneficiary, but the amount so allowed as a deduction shall be included in computing the net income of the legatee, heir, or beneficiary. SEC. 163. CREDITS AGAINST NET INCOME. (a) CREDrrs OF ESTATE OR TRUBT. - (1) For the purpose of the normal tax and the surtax an estate shall be allowed the same personal exemption as is allowed to a single person under section 25 (b) (1), and a trust shall be allowed (in lieu of the personal exemption under section 25 (b) (1)) a credit of $100 against net income. (2) If no part of the income of the estate or trust is included in computing the net income of any legatee, heir, or beneficiary, then the estate or trust shall be allowed the same credits against net income for interest as are allowed by section 25 (a). (b) CREDITS OF BENEFIcIARY. -If any part of the income of an estate or trust is included in computing the net income of any legatee, heir, or beneficiary, such legatee, heir, or beneficiary shall, for the purpose of the normal tax be allowed as credits against net income, in addition to the credits allowed to him under section 25, his propor- tionate share of such amounts of interest specified in section 25 (a) as are, under this Supplement, required to be included in computing his net income. Any remaining portion of such amounts specified in section 25 (a) shall, for the purpose of the normal tax, be allowed as credits to the estate or trust. SEC. 164. DIFFERENT TAXABLE YEARS. If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required, under section 162 (b), to include in computing his net income, shall be based upon the income of the estate or trust for any taxable year of the estate or trust (whether beginning on, before, or after January 1, 1938) end- ing within or with his taxable year. Employees' trusts. SEC. 165. EMPLOYEES' TRUSTS. Exemption from tax. Ante, p. 517 . Ante, p. 466. Taxable year begin- ning before January 1, MDs9. (a) EXEMPTION FROM TAx.- A trust forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive 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 em- ployees 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 exclusive benefit of his employees, shall not be taxable under section 161, but the amount actually dis- tributed or made available to any distributee shall be taxable to him in the year in which so distributed or made available to the extent that it exceeds the amounts paid in by him. Such distributees shall for the purpose of the normal tax be allowed as credits against net income such part of the amount so distributed or made available as represents the items of interest specified in section 25 (a). (b) TAXABLE YEAR BEGINNIN BEFORE JANUARY 1, 1939.-The pro- visions of clause (2) of subsection (a) shall not apply to a taxable year beginning before January 1, 1939. 518 [52 STAT.
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