I.R.C. § 4905(a) Requirements
When any person who has paid the special tax for any trade or business dies, his
spouse or child, or executors or administrators or other legal representatives, may
occupy the house or premises, and in like manner carry on, for the residue of the
term for which the tax is paid, the same trade or business as the deceased before
carried on, in the same house and upon the same premises, without the payment of
any additional tax. When any person removes from the house or premises for which
any trade or business was taxed to any other place, he may carry on the trade or
business specified in the register kept in the office of the official in charge of
the internal revenue district at the place to which he removes, without the payment
of any additional tax: Provided, That all cases of death, change, or removal, as
aforesaid, with the name of the successor to any person deceased, or of the person
making such change or removal, shall be registered with the Secretary, under regulations
to be prescribed by the Secretary.
(Aug. 16, 1954, ch. 736, 68A Stat. 594; June 21, 1965,
Pub. L. 89-44, title IV, 405(c), 79 Stat. 149; Oct. 27, 1970, Pub. L. 91-513, title III, 1102(b), 84 Stat. 1292; Oct. 4, 1976, Pub. L. 94-455, title XIX, 1904(a)(20), (b)(8)(A), 1906(b)(13)(A), 90 Stat. 1814, 1816, 1834.)
1976--Subsec. (a). Pub. L. 94-455, 1904(a)(20), 1906(b)(13)(A), substituted “spouse or child"
for “wife or child” and struck out “or his delegate” after
Subsec. (b). Pub. L. 94-455, 1904(b)(8)(A), among other changes, struck out reference to section 4804(d) for
registration in case of white phosphorous matches and references to subtitle F for
other provisions relating to registration.
1970--Subsec. (b)(1). Pub. L. 91-513 struck out references to narcotics and marihuana and to sections 4722 and 4753.
1965--Subsec. (b)(1). Pub. L. 89-44 struck out “playing cards,” after “wagering,” and “4455,"
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26,
1970, see section 1105(a) of Pub. L. 91-513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
EFFECTIVE DATE OF 1965 AMENDMENT
Section 701(c)(2) of Pub. L. 89-44 provided in part that: “The amendments made by section 402 [repealing sections
4451 to 4457 of this title] (relating to playing cards) and by subsections
(c) of section 405 [amending this section] shall apply on and after the day after
the date of the enactment of this Act [June 21, 1965].”
Prosecutions for any violation of law occurring, and civil seizures or forfeitures
and injunctive proceedings commenced, prior to the effective date of amendment of
this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of Title 21, Food and Drugs.