United Cancer Council, Inc. - Page 109

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          or individual” also appears in section 38 of the Tariff Act of              
          1909, commonly called the Corporation Excise Tax Act of 1909,               
          Pub. L. 5, 61st. Cong., 1st Sess., ch. 6, 36 Stat. 11, 113.                 
          Neither the parties nor the amici have directed our attention to,           
          and we have not found, any statutory explanation of any of these            
          terms.  Our examination of the legislative history of the Revenue           
          Act of 1924 has not turned up any explanation of the shift from             
          “stockholder” to “shareholder”.  We note that the                           
          Administration’s proposed bill leading to the Revenue Act of 1924           
          retained the word “stockholder”, while the bill as reported by              
          the House Ways and Means Committee used the word “shareholder”.             
          We note also that the term “private stockholder or individual”              
          appears in paragraph (2) of section 2055(a) (and its 1939 Code              
          predecessor, section 812(d)), while the term “private shareholder           
          or individual” appears in paragraph (4) of the same section                 
          2055(a).  We have not found any explanation of the intended                 
          difference between “stockholder” and “shareholder”, nor any                 
          reason why “stockholder” was replaced by “shareholder” in the               
          Revenue Act of 1924.  See Western Natl. Mut. Ins. Co. v.                    
          Commissioner, 102 T.C. 338, 354 (1994), affd. 65 F.3d 90 (8th               
          Cir. 1995).                                                                 
               Section 1.501(a)-1(c), Income Tax Regs., provides as                   
          follows:                                                                    
                    (c) “Private shareholder or individual” defined.  The             
               words “private shareholder or individual” in section 501               
               refer to persons having a personal and private interest in             




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