Page:United States Statutes at Large Volume 72 Part 1.djvu/1078

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[72 Stat. 1036]
[72 Stat. 1036]
PUBLIC LAW 85-000—MMMM. DD, 1958


PUBLIC LAW 85-840-AUG. 28, 1958

[72 S T A T.


Ante, p. 1019.

SEC. 313. (a) Section 211 of the Social Security Act is amended by adding at the end thereof the following new subsection: "Partner's Taxable Year Ending as Result of Death

42 USC 603.

"(f) I n computing a partner's net earnings from self-employment for his taxable year which ends as a result of his death (but only if such taxable year ends within, and not with, the taxable year of the partnership), there shall be included so much of the deceased partner's distributive share of the partnership's ordinary income or loss for the partnership taxable year as is not attributable to an interest in the partnership during any period beginning on or after the first day of the first calendar month following the month in which such partner died. For purposes of this subsection— " (1) in determining the portion of the distributive share which is attributable to any period specified in the preceding sentence, the ordinary income or loss of the partnership shall be treated as having been realized or sustained ratably over the partnership taxable year; and "(2) the term 'deceased part n e r s distributive share' includes the share of his estate or of any other person succeeding, by reason of his death, to rights with respect to his partnership interest." (b) The amendment made by subsection (a) shall apply— (1) with respect to individuals who die after the date of the enactment of this Act, and (2) with respect to any individual who died after 1955 and on or before the date of the enactment of this Act, but only if the requirements of section 403(b)(2) of this Act are met. G R A T U I TO U S W A G E C R E D I T S FOR AMERICAN CITIZENS WHO SERVED IN THE


General Rule Post, p. 1037.

SE(^_ 314_ (a) Section 217 of such Act is amended by adding at the end thereof the following new subsection: " (h)(I) For the purposes of this section, any individual who the Secretary finds— " (A) served during World W a r II (as defined in subsection (d)(1)) in the active military or naval service of a country which was on September 16, 1940, at war with a country with which the United States was at war during World W a r II; " (B) entered into such active service on or before December 8, 1941; " (C) was a citizen of the United States throughout such period of service or lost his United States citizenship solely because of his entrance into such service; " (D) had resided in the United States for a period or periods aggregating four years during the five-year period ending on the day of, and was domiciled in the United States on the day of, such entrance into such active service; and " (E)(i) was discharged or released from such service under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty, or "(ii) died while in such service, shall be considered a World W a r II veteran (as defined in subsection (d)(2)) and such service shall be considered to have been performed in the active military or naval service of the United States.