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U.S. Code as of:
01/19/04
Section 6038A - Notes
SOURCE
(Added Pub. L. 97-248, title III, Sec. 339(a), Sept. 3, 1982, 96
Stat. 632; amended Pub. L. 97-448, title III, Sec. 306(b)(4), Jan.
12, 1983, 96 Stat. 2406; Pub. L. 98-369, div. A, title VII, Sec.
714(l), July 18, 1984, 98 Stat. 963; Pub. L. 99-514, title XII,
Sec. 1245(a), (b)(1)-(4), Oct. 22, 1986, 100 Stat. 2581; Pub. L.
101-239, title VII, Sec. 7403(a)-(d), Dec. 19, 1989, 103 Stat.
2358, 2359; Pub. L. 101-508, title XI, Secs. 11315(b)(1),
11704(a)(23), Nov. 5, 1990, 104 Stat. 1388-457, 1388-519; Pub. L.
104-188, title I, Secs. 1702(c)(5), 1704(f)(5)(B), Aug. 20, 1996,
110 Stat. 1869, 1880.)
AMENDMENTS
1996 - Subsec. (b)(2) to (4). Pub. L. 104-188, Sec.
1704(f)(5)(B), inserted "and" at end of par. (2), substituted a
period for ", and" at end of par. (3), and struck out par. (4)
which read as follows: "such information as the Secretary may
require for purposes of carrying out the provisions of section
453C."
Subsec. (e)(4)(D). Pub. L. 104-188, Sec. 1702(c)(5), substituted
"any affected taxable year" for "any transaction to which the
summons relates" and inserted at end "For purposes of this
subparagraph, the term 'affected taxable year' means any taxable
year if the determination of the amount of tax imposed for such
taxable year is affected by the treatment of the transaction to
which the summons relates."
1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 11315(b)(1), struck
out "or is a foreign corporation engaged in trade or business
within the United States" after "corporation".
Subsec. (c)(3) to (6). Pub. L. 101-508, Sec. 11704(a)(23),
redesignated pars. (4) to (6) as (3) to (5), respectively.
1989 - Subsec. (a). Pub. L. 101-239, Sec. 7403(b), inserted
before period at end "and such corporation shall maintain (in the
location, in the manner, and to the extent prescribed in
regulations) such records as may be appropriate to determine the
correct treatment of transactions with related parties as the
Secretary shall by regulations prescribe (or shall cause another
person to so maintain such records)".
Subsec. (a)(2). Pub. L. 101-239, Sec. 7403(a)(1), amended par.
(2) generally, substituting "is 25-percent foreign-owned," for "is
controlled by a foreign person,".
Subsec. (c). Pub. L. 101-239, Sec. 7403(a)(2), amended subsec.
(c) generally, substituting pars. (1) to (6) for former pars. (1)
to (3) defining "control", "related party", and "foreign person".
Subsec. (d). Pub. L. 101-239, Sec. 7403(c), inserted "or maintain
records" after "information" in heading and amended text generally,
making changes in substance and structure of pars. (1) to (3).
Subsecs. (e), (f). Pub. L. 101-239, Sec. 7403(d), added subsec.
(e) and redesignated former subsec. (e) as (f).
1986 - Subsec. (b)(1). Pub. L. 99-514, Sec. 1245(a), substituted
"each person" for "each corporation" in introductory provisions and
amended subpar. (A) generally, substituting "related party to the
reporting corporation" for "member of the same controlled group as
the reporting corporation".
Subsec. (b)(2). Pub. L. 99-514, Sec. 1245(b)(1), substituted
"each person" for "each corporation".
Subsec. (b)(3). Pub. L. 99-514, Sec. 1245(b)(2), (3), amended
par. (3) generally, substituting "foreign person which is a related
party to the reporting corporation, and" for "foreign corporation
which is a member of the same controlled group as the reporting
corporation."
Subsec. (b)(4). Pub. L. 99-514, Sec. 1245(b)(3), added par. (4).
Subsec. (c)(2). Pub. L. 99-514, Sec. 1245(b)(4), amended par. (2)
generally. Prior to amendment, par. (2), controlled group, read as
follows: "The term 'controlled group' means any controlled group of
corporations within the meaning of section 1563(a); except that -
"(A) 'at least 50 percent' shall be substituted -
"(i) for 'at least 80 percent' each place it appears in
section 1563(a)(1), and
"(ii) for 'more than 50 percent' each place it appears in
section 1563(a)(2)(B), and
"(B) the determination shall be made without regard to
subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563."
1984 - Subsec. (c)(1). Pub. L. 98-369 substituted section
"6038(e)(1)" for "6038(d)(1)".
1983 - Subsec. (c)(2)(B). Pub. L. 97-448 inserted ", (b)(2)(C),"
after "(a)(4)".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6038C, 6048, 6501 of this
title.
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