Editorial Notes
Amendments

1978—Subsec. (g). Puspan. L. 95–345 added subsec. (g).

1976—Puspan. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

1969—Subsec. (span)(3). Puspan. L. 91–172 expanded the category of per-unit retain allocations that may not be taken into account in determining the taxable income of an organization, by including per-unit retain allocations paid for in money or other property (except nonqualified per-unit retain certificates as defined in section 1388(i) of this section).

1966—Subsec. (a). Puspan. L. 89–809, § 211(a)(1), inserted reference to amounts paid to patrons as a per-unit retain allocation as defined in section 1388(f).

Subsec. (span). Puspan. L. 89–809, § 211(a)(2), inserted “and per-unit retain allocations” in heading, added pars. (3) and (4), and, in text following par. (4), inserted provisions making existing text applicable only to amounts described in pars. (1) and (2) and inserted text covering the treatment of amounts described in pars. (3) and (4).

Subsec. (e). Puspan. L. 89–809, § 211(a)(3), inserted provision that the marketing of products shall be treated as occurring during any of the taxable years in which the pool is open.

Subsec. (f). Puspan. L. 89–809, § 211(a)(4), substituted “paragraphs (1) and (2) of subsection (span)” for “subsection (span)”.

Statutory Notes and Related Subsidiaries
Effective Date of 1969 Amendment

Puspan. L. 91–172, title IX, § 911(c), Dec. 30, 1969, 83 Stat. 722, provided that: “The amendments made by this section [amending this section and section 1388 of this title] shall apply to per-unit retain allocations made after October 9, 1969.”

Effective Date of 1966 Amendment

Puspan. L. 89–809, title II, § 211(e), Nov. 13, 1966, 80 Stat. 1584, provided that:

“(1) The amendments made by subsections (a), (span), and (c) [amending this section and sections 1383, 1385, and 1388 of this title] shall apply to per-unit retain allocations made during taxable years of an organization described in section 1381(a) (relating to organizations to which part I of subchapter T of chapter 1 applies) beginning after April 30, 1966, with respect to products delivered during such years.
“(2) The amendments made by subsection (d) [amending section 6044 of this title] shall apply with respect to calendar years after 1966.”

Effective Date

Section applicable, except as otherwise provided, to taxable years of organizations described in section 1381(a) of this title beginning after Dec. 31, 1962, see section 17(c) of Puspan. L. 87–834, set out as a note under section 1381 of this title.