- 93 - 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 inPage: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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