(a)The right to an equalization allotment or to a cash payment in lieu thereof pursuant to section
953(d) of this title, shall be transferable by will or descent in the same manner as are trust payments under existing law and shall not be subject to State or Federal inheritance, estate, legacy, or succession taxes.
(b)A cash payment made in lieu of an equalization allotment pursuant to section
953(d) of this title shall not be regarded as income or capital gain for purposes of Federal or State income taxation and shall not, as long as it remains in the form of cash or a bank deposit in the ownership of the allottee, be subject to taxation as personal property. A payment and the income derived therefrom heretofore or hereafter made to an allottee as compensation for the acquisition of part or all of the allottee’s allotment for a public purpose is—
(1)deemed a cash payment in lieu of an allotment for purposes of this subsection;
(2)deemed a right under subsection (a) of this section; and
(3)subject to sections
410 of this title.
1988—Subsec. (b). Pub. L. 100–581inserted sentence at end relating to payment and income derived therefrom made as compensation for acquisition of part of all of allottee’s allotment for public purpose.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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