50 U.S.C. § 4333 — Taxes

Page 1095 TITLE 50—WAR AND NATIONAL DEFENSE § 4333 § 4332. Hearings on claims; rules and regulations; delegation of powers The officer or agency empowered to entertain claims under sections 4309(a), 4329, and 4331 of this title shall have power to hold such hearings as may be deemed necessary; to prescribe rules and regulations governing the form and con- tents of claims, the proof thereof, and all other matters related to proceedings on such claims; and in connection with such proceedings to issue subpenas, administer oaths, and examine wit- nesses. Such powers, and any other powers con- ferred upon such officer or agency by sections 4309(a), 4329, and 4331 of this title may be exer- cised through subordinate officers designated by such officer or agency. (Oct. 6, 1917, ch. 106, § 35, as added Dec. 18, 1941, ch. 593, title III, § 305, as added Aug. 8, 1946, ch. 878, § 1, 60 Stat. 928.) Editorial Notes CODIFICATION Section was formerly classified to section 35 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Prior to classification as section 35, section was for- merly classified to section 620 of the former Appendix to this title. § 4333. Taxes (a) Liability; exemptions The vesting in or transfer to the Alien Prop- erty Custodian of any property or interest (other than any property or interest acquired by the United States prior to December 18, 1941), or the receipt by him of any earnings, increment, or proceeds thereof shall not render inapplicable any Federal, State, Territorial, or local tax for any period prior or subsequent to the date of such vesting or transfer, nor render applicable the exemptions provided in title II of the Social Security Act [42 U.S.C. 401 et seq.] with respect to service performed in the employ of the United States Government or of any instrumentality of the United States. (b) Payment by Custodian; liability of former owner; enforcement of tax liability; transfer of property The Alien Property Custodian shall, notwith- standing the filing of any claim or the institu- tion of any suit under this chapter, pay any tax incident to any such property or interest, or the earnings, increment, or proceeds thereof, at the earliest time appearing to him to be not con- trary to the interest of the United States. The former owner shall not be liable for any such tax accruing while such property, interest, earnings, increment, or proceeds are held by the Alien Property Custodian, unless they are returned pursuant to this chapter without payment of such tax by the Alien Property Custodian. Every such tax shall be paid by the Alien Property Custodian to the same extent, as nearly as may be deemed practicable, as though the property or interest had not been vested in or transferred to the Alien Property Custodian, and shall be paid only out of the property or interest, or earnings, increment, or proceeds thereof, to which they are incident or out of other property or interests acquired from the same former owner, or earnings, increment, or proceeds thereof. No tax liability may be enforced from any property or interest or the earnings, incre- ment, or proceeds thereof while held by the Alien Property Custodian except with his con- sent. Where any property or interest is trans- ferred, otherwise than pursuant to section 4309(a) or 4329 of this title, the Alien Property Custodian may transfer the property or interest free and clear of any tax, except to the extent of any lien for a tax existing and perfected at the date of vesting, and the proceeds of such trans- fer shall, for tax purposes, replace the property or interest in the hands of the Alien Property Custodian. (c) Computation; suspension of limitations, etc. Subject to the provisions of subsection (b) of this section, the manner of computing any Fed- eral taxes, including without limitation by rea- son of this enumeration, the applicability in such computation of credits, deductions, and ex- emptions to which the former owner is or would be entitled, and the time and manner of any payment of such taxes and the extent of any compliance by the Custodian with provisions of Federal law and regulations applicable with re- spect to Federal taxes, shall be in accordance with regulations prescribed by the Commis- sioner of Internal Revenue with the approval of the Secretary of the Treasury to effectuate this section. Statutes of limitations on assessment, collection, refund, or credit of Federal taxes shall be suspended, with respect to any vested property or interest, or the earnings, increment or proceeds thereof, while vested and for six months thereafter; but no interest shall be paid upon any refund with respect to any period dur- ing which the statute of limitations is so sus- pended. (d) ‘‘Tax’’ defined The word ‘‘tax’’ as used in this section shall include, without limitation by reason of this enumeration, any property, income, excess-prof- its, war-profits, excise, estate and employment tax, import duty, and special assessment; and also any interest, penalty, additional amount, or addition thereto not arising from any act, omission, neglect, failure, or delay on the part of the Custodian. (e) Exemptions Any tax exemption accorded to the Alien Property Custodian by specific provision of ex- isting law shall not be affected by this section. (Oct. 6, 1917, ch. 106, § 36, as added Dec. 18, 1941, ch. 593, title III, § 305, as added Aug. 8, 1946, ch. 878, § 1, 60 Stat. 929.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Page 1096 TITLE 50—WAR AND NATIONAL DEFENSE § 4334 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 36 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Prior to classification as section 36, section was for- merly classified to section 620 of the former Appendix to this title. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4334. Insurance of property The Alien Property Custodian may procure in- surance in such amounts, and from such insur- ers, as he believes will adequately protect him against loss in connection with property or in- terest or proceeds held by him. (Oct. 6, 1917, ch. 106, § 37, as added Dec. 18, 1941, ch. 593, title III, § 305, as added Aug. 8, 1946, ch. 878, § 1, 60 Stat. 930.) Editorial Notes CODIFICATION Section was formerly classified to section 37 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Prior to classification as section 37, section was for- merly classified to section 620 of the former Appendix to this title. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4335. Shipment of relief supplies; definitions (a) Notwithstanding any other provision of this chapter, it shall be lawful, at any time after the date of cessation of hostilities with any country with which the United States is at war, for any person in the United States to donate, or otherwise dispose of to, and to transport or de- liver to, any person in such country any article or articles (including food, clothing, and medi- cine) intended to be used solely to relieve human suffering. (b) As used in this section— (1) the term ‘‘person’’ means any individual, partnership, association, company, or other unincorporated body of individuals, or cor- poration or body politic; (2) with respect to any country with which the United States was at war on January 1, 1946, the term ‘‘date of cessation of hos- tilities’’ shall mean the date of enactment of this Act; (3) with respect to any other war the term ‘‘date of cessation of hostilities’’ shall mean the date specified by proclamation of the President or by a concurrent resolution of the two Houses of Congress whichever is the ear- lier. (Oct. 6, 1917, ch. 106, § 38, formerly § —, as added May 16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878, § 3, 60 Stat. 930.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. The date of enactment of this Act, referred to in sub- sec. (b)(2), probably means the date of enactment of act May 16, 1946, ch. 260, which was approved May 16, 1946. CODIFICATION Section was formerly classified to section 38 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4336. Retention of properties or interests of Germany and Japan and their nationals; pro- ceeds covered into Treasury; ex gratia pay- ment to Switzerland (a) Retention of properties or interests of Ger- many and Japan and their nationals No property or interest therein of Germany, Japan, or any national of either such country vested in or transferred to any officer or agency of the Government at any time after December 17, 1941, pursuant to the provisions of this chap- ter, shall be returned to former owners thereof or their successors in interest, and the United States shall not pay compensation for any such property or interest therein. The net proceeds remaining upon the completion of administra- tion, liquidation, and disposition pursuant to the provisions of this chapter of any such prop- erty or interest therein shall be covered into the Treasury at the earliest practicable date. Noth- ing in this section shall be construed to repeal or otherwise affect the operation of the provi- sions of section 4329, 4337, 4338, 4339 or 4340 of this title or of the Philippine Property Act of 1946 [22 U.S.C. 1381 et seq.]. (b) Cover into Treasury of sums received by At- torney General The Attorney General shall cover into the Treasury, to the credit of miscellaneous re- ceipts, all sums from property vested in or transferred to the Attorney General under this chapter— (1) which the Attorney General receives after August 23, 1988, or (2) which the Attorney General received be- fore that date and which, as of that date, the Attorney General had not covered into the Treasury for deposit in the War Claims Fund, other than any such sums which the Attorney General determines in his or her discretion are