Source
(Aug. 16, 1954, ch. 736, 68A Stat. 302, § 1022; renumbered § 1023,Pub. L. 88–272, title II, § 225(j)(1),Feb. 26, 1964, 78 Stat. 92; renumbered § 1024 and amended Pub. L. 94–455, title XIX, § 1901(a)(127), title XX, § 2005(a)(2),Oct. 4, 1976, 90 Stat. 1784, 1872; renumbered § 1023,Pub. L. 96–223, title IV, § 401(a),Apr. 2, 1980, 94 Stat. 299; Pub. L. 96–589, § 6(i)(4),Dec. 24, 1980, 94 Stat. 3410; Pub. L. 109–304, § 17(e)(4),Oct. 6, 2006, 120 Stat. 1708.)
Prior Provisions
A prior section
1023, added
Pub. L. 94–455, title XX, § 2005(a)(2),Oct. 4, 1976,
90 Stat. 1872; amended
Pub. L. 95–600, title V, § 515(3), (4), title VII, § 702(c)(2)–(4), (6)–(8), Nov. 6, 1978,
92 Stat. 2884, 2926–2928, related to carryover basis for certain property acquired from a decedent dying after Dec. 31, 1979, prior to repeal by
Pub. L. 96–223, title IV, § 401(a),Apr. 2, 1980,
94 Stat. 299. The repeal was achieved by repealing section 2005(a)(2) of
Pub. L. 94–455and the amendment made thereby, which had enacted prior section
1023.
Amendments
2006—Par. (2).
Pub. L. 109–304substituted “chapter
533 of title
46, United States Code” for “section 511 of the Merchant Marine Act, 1936, as amended (
46 U.S.C. 1161)”.
1980—
Pub. L. 96–589redesignated par. (3) as (2). Former par. (2), which provided reference to sections
670,
796, and
922 of Title
11, Bankruptcy, for basis of property in case of certain reorganizations and arrangements under the Bankruptcy Act, was struck out.
1976—Par. (4).
Pub. L. 94–455, § 1901(a)(127), struck out par. (4) which referred to section 405 of the Defense Production Act of 1950 for rules applicable in case of payments in violation of that Act.
Effective Date of 1980 Amendments and Revival of Prior Law
Amendment by
Pub. L. 96–589effective Oct. 1, 1979, but not to apply to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of
Pub. L. 96–589, set out as an Effective Date of 1980 Amendment note under section
108 of this title.
Section 401(b) of
Pub. L. 96–223, as amended by
Pub. L. 99–514, § 2,Oct. 22, 1986,
100 Stat. 2095, provided that: “Except to the extent necessary to carry out subsection (d) [set out as a note under section
1014 of this title], the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall be applied and administered as if the provisions repealed by subsection (a), and the amendments made by those provisions [enacting this section and sections
6039A and
6698A of this title, redesignating former section
1023 assection
1024 of this title, and amending sections
306,
691,
1001,
1014,
1016,
1223, and
1246 of this title], had not been enacted.”
Section 401(e) of
Pub. L. 96–223provided that: “The amendments made by this section [amending sections
306,
691,
1001,
1014,
1016,
1040,
1223,
1246, and
2614 of this title, repealing former section
1023 andsections
6039A and
6698A of this title, redesignating former section
1024 of this title as 1023, and enacting provisions set out as notes under this section and section
1014 of this title] shall apply in respect of decedents dying after December 31, 1976.”
Effective Date of 1976 Amendment
Amendment by section 1901(a)(127) of
Pub. L. 94–455applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of
Pub. L. 94–455, set out as a note under section
2 of this title.
Repeals
Pub. L. 94–455, § 1901(a)(127), cited as a credit to this section, which renumbered this section as section
1024 of this title, was repealed by
Pub. L. 96–223, title IV, § 401(a),Apr. 2, 1980,
94 Stat. 299, resulting in the redesignation of this section as section
1023 of this title. See Effective Date of 1980 Amendments and Revival of Prior Law note set out above.