-24- We agree with respondent as to Zeve and Popovic; we agree with petitioner as to Vecchio. The term “private shareholder or individual” appears at present in sections 170(c) (three places), 501(c) (eight places), 528(c)(1)(D), 833(c)(3)(A)(vi), 2055(a), 2522 (four places), and 4421(2)(B). This term has been unchanged since the Revenue Act of 1924, Pub. L. 176, 68th Cong., 1st. Sess., ch. 234, 43 Stat. 253, 271, 282. The Revenue Act of 1921, Pub. L. 98, 67th Cong., 1st Sess., ch. 136, 42 Stat. 227, 241, 253, used the term “private stockholder or individual”, as did the prior Revenue Acts back to the Tariff Act of 1913, Pub. L. 16, 63d Cong., 1st. Sess., ch. 16, 38 Stat. 114, 172. The term “private stockholder 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 of the parties has 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, sectionPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011