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FEDERAL REGISTER, T h u rsday, Jan u ary 14, 1943
to have violated any of the terms or provisions of this order may be prohib ited from making or obtaining further deliveries of chicory, or from processing or using material under priority control and may be deprived of priorities assist ance.
g Communications. All r e p o r t s that may be required to be filed here under and all communications in con nection herewith shall, unless otherwise directed, be addressed to the United States Department of Agriculture, Food Distribution Administration, Washing ton, D. C. Ref.: FD 5
h Effective date. This order "shall be effective on January 13, 1943.
Authority: E.O. 9280, 7 F.R. 10179.
Issued this 12th day of January 1943.
seal Claude R. W ickard, Secretary of Agriculture.
F. R. Doc. 43-601; Filed, January 12, 1943;
3:47 p. m.

TITLE 26INTERNAL REVENUE
Chapter IBureau of Internal Revenue Subchapter AIncom e a n d Excess-Profits Taxes
TJD. 5213
P art 20M iscellaneous R egulations U nder the R evenue A ct op 1939

Sec. 154 b of the Revenue Act of 1942
Pub. Law 753, 77th Cong., and sec. 3791
of the-Internal Revenue Code 53 Stat.
467; 26 U.S.C., 1940 ed., 3791
seal
G u y T. H elvering,
Commissioner of Internal Revenue.
Approved: January 12, 1943.
J ohn L. S ullivan, Acting Secretary of the Treasury.
F. R. Doc. 43-621; Filed, January 13, 1943;
10:29 a. m.
T.D. 5212
P art 30R egulations U nder the E xcess P rofits T ax A ct of 1940
excess profits tax
Regulations 109 amended to conform to section 227 of the Revenue Act of 1942
Public Law 753, 77th Congress.
Regulations 109 Part 30, Title 26, Code of Federal Regulations, 1941 Sup.
are amended as follows:
P aragraph 1. There is inserted imme diately preceding 30.734-1 the follow ing:
S ec . 227. Am en d m e n ts to section 734.
Revenue Act of 1942, Title II.
a In General. Section 734 is amended to read as follows:
S ec . 734. A d ju s t m e n t INCONSISTENT W ITH
BILITY.

i n case of po sitio n
PRIOR INCOME TAX LIA

a Definitions. For the purposes of this section:
1 Taxpayer. The term taxpayer means INCOME TAX
any person subject to a tax under the appli revenue Act.
Treasury Decision 4918 amended to cable 2 Income tax. The term income tax conform to section 154 b of the Reve means an income tax imposed by Chapter 1
nue Act of 1942, relating to commodity or Chapter 2A of this title; Title I and Title ta of the Revenue Acts of 1938, 1936, and credit loans.
In order to conform Treasury Deci 1934; Title I of the Revenue Acts of 1932 and sion 4918, approved October 7,1939, Part 1928; Title II of the Revenue Acts of 1926
20, Title 26, Code of Federal Regulations, and 1924; Title II of the Revenue Acts of and 1918; Title I of the Revenue Act 1939 Sup. to section 154 b of the Reve 19211917;
Title I of the Revenue Act of 1916;
nue Act of 1942 Public Law 753, Seventyof or section II of the Act of October 3, 1913;
seventh Congress, approved October 21, a war profits or excess profits tax imposed 1942, such Treasury Decision is amended by Title III of the Revenue Acts of 1921 and 1918; or Title n of the Revenue Act of 1917;
as follows:
or an income, war profits, or excess profits P aragraph 1. Section 20c.0 is amended tax imposed by any of the foregoing pro by inserting immediately after section visions, as amended or supplemented.
223 of the Revenue Act of 1939 set forth 3 Prior taxable year. A taxable year be therein the following:
ginning after December 31, 1939, shall not be considered a prior taxable year.
S ec . 154. C om m odity credit loans . Rev 4 The term predecessor of the taxpayer enue Act of 1942, Title I.
means:

b Taxable years subject to prior laws. A A person which is a component cor poration of the taxpayer within the meaning Section 223 d of the Revenue Act of 1939
of section 740; and is amended by striking out within one year B A person which on April 1, 1941, or from the date of the enactment of this Act at any time thereafter, controlled the tax and inserting in lieu thereof at or prior payer.
The term controlled as herein used to the time prescribed for the filing of the shall have the same meaning as control taxpayers return for the taxable year of the under section 112 h, and taxpayer beginning in 1942, or if there is C Any person in an unbroken series end more than one taxable year of the.taxpayer ing with the taxpayer if subparagraph A
beginning in 1942, for the last taxable year or B would apply to the relationship be so beginning.
tween the parties.
b Circumstances of adjustment.
P ar. 2. Section 20c.2 20.52 is amended 1 If:
by striking out June 29, 1940, and in In determining at any time the tax serting in lieu thereof at or prior to the a A
taxpayer under this subchapter an item time prescribed for the filing of the tax affecting the determination of the excess payers return for the taxable year of the profits credit is treated in a manner incon taxpayer beginning in 1942, or if there is sistent with the treatment accorded such more than one taxable year of the tax item in the determination of the income-tax payer beginning in 1942, for the last tax liability of such taxpayer or a predecessor for a prior taxable year or years, and able year so beginning.

513

B The treatment of such item in the prior taxable year or years consistently with -the determination under this subchapter would effect an increase or decrease in the amount of the income taxes previously deter mined for such taxable year or years, and C On the date of such determination of the tax under this subchapter correction of the effect of the inconsistent treament in any one or more of the prior taxable years is pre vented except for the provisions of section 3801 by the operation of any law or rule of law other than section 3761, relating to compromises, t then the correction shall be made by an ad justment under this section. If in a subse quent determination of the tax under this subchapter for such taxable year such incon sistent treatment is not adopted, then the correction shall not be made in connection with such subsequent determination.
2 Such adjustment shall be made only if there is adopted in the determination a posi tion maintained by the Commissioner in case the net effect of the adjustment would be a decrease in the income taxes previously determined for such year or years or by the taxpayer with respect to whom the determi nation is made in case the net effect of the adjustment would be an increase in the in come taxes previously determined for such year or years which position is inconsistent with the treatment accorded such item in the prior taxable year or years which was not correct under the law applicable to such year.
3 Burden of proof. In any proceeding before the Board or any court the burden of proof in establishing that an inconsistent position has been taken A shall be upon the Commissioner, in case the net effect of the adjustment would be an increase in the in come taxes previously determined for the prior taxable year or years, or B shall be upon the taxpayer, in case the net effect of the adjustment would be a decrease in the income taxes previously determined for the prior taxable year or years.
c Method.I and effect of adjustment.
1 The adjustment authorized by subsec tion b, in the amoufit ascertained as pro vided in subsection d , if a net increase shall be added to, and if a net decrease shall be subtracted from, the tax otherwise computed under this subchapter for the taxable year with respect to which such inconsistent posi tion is adopted.
2 If more than one adjustment under this section is made because more than one inconsistent position is adopted with respect to one taxable year under this subchapter, the separate adjustments, each an amount ascertained as provided in subsection d, shall be aggregated, and the aggregate net Increase or decrease shall be added to or sub tracted from the tax otherwise computed under this subchapter for the taxable year with respect to which such inconsistent po sitions are adopted.
3 If all the adjustments under this sec tion, made on account of the adoption of an inconsistent position or positions with respect to one taxable year under this subchapter, result in an aggregate net increase, the tax imposed by this subchapter shall in no case b i less than the amount of such aggregate net increase.
4 If all the adjustments under this sec tion, made on account of the adoption of of an inconsistent position or positions with respect to a taxable year under this subchapter hereinafter in this paragraph called the current taxable-year, result in an aggre gate net decrease, and the amount of such decrease exceeds the tax imposed by this subchapter without regard to the provisions of this section for the current taxable year,