Document dYJNDrb7gReBMwppJ3Gkv3wgB
c4r*-U.
RULES AND REGULATIONS
13919
mount realized over the adjusted bash (2) On or before January 12. 1972, the Health, Education, and Welfare adopted
of tuch tbare. If the adjusted bash corporation elects to have the provisions special procedures for testing and ap
should equal or exceed the amount real- of <aJ (i) of this subdivision apply, and proval of respirators used against ex
teed on the sale or exchange of a certain alt persons (or their personal represent posure to vinyl chloride (39 FR 45012).'
share of stock, bond, etc., there would atives) who were shareholders of such Also adopted, with a delayed effective
be no gross receipts resulting from the corporation at any time during any tax- * date, was a requirement that any can
sale of such security. Losses on sales or able year beginning with the first tax ister or cartridge used to protect em
exchanges of stock or securities do not able year to which this (b) .of this sub ployees against exposure, to this sub
offset gains on the sales or exchanges division applies and ending on or before stance have an end-of-service-life in
of other stock or securities for purposes January 12, 1971, consent to such elec-' dicator. Section 11.205(a) of Title 30,
Of computing gross receipts from such tion and to the application of the provi Code of Federal Regulations, provides
ales or exchanges. Gross receipts from sions of (a)(2) of this subdivision.
that after December 31,1975, a cartridge
.
the sale or exchange of stock and secu
rities Include gains received from such
sales or exchanges by a corporation even
though such corporation is a regular
dealer in stocks and securities. How
ever,' gross receipts do not include cer-.
tain amounts which are treated under,
section 331 (relating to corporate liqui
dations) as payments In exchange for
stock (see subdivision (xl) of this sub
paragraph). For the meaning of the
term "stock or securities", see paragraph
<b) (5) (1) of f 1.543-1.
(xi) Amounts which ore treated under
section 331 as payments in exchange for
Stock--(a) fr, general. (1) For pur
poses of section 1372(e)(5), gross re
ceipts derived from sales or exchanges
of stock or securities shall not include
amounts received by an electing small
business corporation which are treated
under section 331 (relating to corporate
liquidations) as payments in exchange
for stock where the electing small busi
ness corporation was, on the date of the
first distribution or transfer of such
amounts to the small business corpora
tion with, respect to such liquidation, the
owner of more than 50 percent of each
class of the stock of the liquidating cor
poration. For purposes of this subdivi-'
ilon, the 50-percent requirement shall
apply with respect to a class of stock
whether or not the class of stock has.
voting rights. Shares of stock of the liq
uidating corporation held by a share-
holder of the electing small business
corporation shall not be attributed to the
electing corporation.
r : "
(2) The provisions of (a)(f) of this
subdivision shall apply to--
1 <f> taxable years of the corporation
ending after January 12, 1971, and
If the assessment of any deficiency In
income tax resulting from an election under (b)(2) of this subdivision for a taxable year ending before the date of
the election is prevented before the ex piration of one year after the date of the -election by any law or rule of law, the deficiency may be assessed at any time jirtor to the expiration of auch one-year period notwithstanding any law or rule
of law which would otherwise prevent the assessment. The deficiency assess
ment Is not to be barred by any statute of limitations, even if the period of limi
tations has expired at the time the elec tion is mode, or by a prior court deci sion as to the taxpayers' income tax lia
bility for that year, or by a prior binding
agreement entered Into for that year be tween the taxpayer and the Internal Revenue Service. If, but for the applica tion of this (b) of this subdivision, such
deficiency year would have been closed,
then the deficiency may not exceed the
amount attributable to an election under
this subdivision.
`
(c) Special rules. An election by a cor
poration under section 1372(a) shall not be treated as terminated for any taxable
year of the corporation beginning before
January 12, 1971, merely because such
corporation filed its income tax return
on a Form 1120 Instead of Form 1120S,
or because a new shareholder failed to file a timely consent under section 1372 (e)(1), 12 the corporation's election
under section 1372(a) would have been
treated as terminated for such taxable year because of the application of sec
tion 1372(e)(5), as In effect prior to January 12, 1971, but for . an election
made by the corporation under (b) (2)
fit) any taxable year of the corpora of this subdivision to have the provisions
or canister without an end-of-service-
1ife indicator will not be considered ap
proved for use by employees exposed to
vinyl chloride. '
-i
. The purpose of the amendment set
forth below is to extend the December 31,
1975, deadline date until September 30,
1976. This action is considered neces
sary because there are no respirators
with an end-of-service-life Indicator
presently approved for use against ex
posure to vinyl chloride, and it is essen
tial that the currently approved respira
tory devices continue to be available for
this purpose. While the Indicator is an
additional safety feature, the extension
is not expected to adversely affect worker health provided currently approved res
piratory equipment is used as directed. The Government has received only one
application for approval of a respirator
with an end-of-service-life Indicator. When approval is Issued, the manufac turer will require, and the extension will
provide, sufficient lead time for the pro duction of the respirators necessary to
supply exposed workers.
' The Occupational Safety and Health
Administration of the Department of
Labor, which is charged with the en
forcement of occupational standards,
has advised that it concurs with the
granting of this extension of time.
` Under the circumstances, the Depart
ment finds that good cause exists for
omitting notice of proposed rulemaking
and opportunity for public participation
in the rulemaking which extends the
date. Therefore, 1 11.205 is amended as
set forth below, effective December 31,
1975.
tion ending before October 7, 1970, with of (a) (2) of this subdivision apply.
Dated: March 26,1976.
respect to which an election is made, (d) Election and consents are binding.
under (b) (2) of this, subdivision to apply the rules of (a) (I) of this subdivision,'
provided that the requirements of <b) (and (c> if applicable) of this subdivi
The election and consents under this
subdivision are binding and may not be
revoked.
~
Wiluam L. Fishes, Assistant Secretary of the Interior.
Dated; January 23,1976.
sion are satisfied.
David Mathews.
The provisions of (a) (2) of this subdivi
Doc 76-3Sl Filed 3-31-76;8:45 am]
Secretary of Health.
sion shall not apply to taxable years o'
corporations ending between Octobe
2970. and January 12.1971, inclusive.
: <b) Taxable years ending before Oc
tober 7,1970. The provisions of (a>(2) of
this subdivision shall apply with respect
to any taxable year of an electing small
business corporation ending before Oc
tober 7.1970,12--
' * .
(2) On October 7, 1970, the making of
a refund or the allowance of a credit to
. Tide 30--Mineral Resources
CHAPTER I--MINING ENFORCEMENT AND . SAFETY ADMINISTRATION. DEPART
MENT OF THE INTERIOR
PART 11--RESPIRATORY PROTECTIVE DEVICES; TESTS FOR PERMISSIBILITY;
FEES
Respiratory Protection Against Exposure to JjJnyiChlorWe^Extenslon of Time
' ' Education. and Welfare.
*11-203 tAmended}
` In the last sentence of paragraph (a) of i 11.205, the date reading "Decem ber 31, 1975", It changed to read "Sep tember 30,1976."
(Sms. 901 (h),' 104, 80S, fSBtat. 7w! 764. 803 (to UB.C. 841(b), 844. 867); MICA. 1, 8. 6, SS Btet. 870, M Amended; 87 Stst. 881 (30 DS C. * 8. 7); me, 8(g), 84 Stet. 1800 (30 DB.C.
the corporation is not prevented by any On December 30, 1974, the Secretary 87(8)1)
.
law or rule of law, and
of the Interior and the Secretary of fPIt Doe.78-9395 Filed 3-31-70,3:48 sm]
KDE8AL tfGISTEB,, VOL 41, Ho. 44--JWUSJDAY, APtIL 1. 1*74
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