[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 872 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 872

     To amend the Internal Revenue Code of 1986 to provide for the 
     nonrecognition of gain for sale of stock to certain farmers' 
                 cooperatives, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1997

   Mr. Roberts (for himself, Mr. Harkin, Mr. Hatch, Mr. Johnson, Mr. 
    Baucus, Mr. D'Amato, Mr. Bennett, and Mr. Craig) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
     To amend the Internal Revenue Code of 1986 to provide for the 
     nonrecognition of gain for sale of stock to certain farmers' 
                 cooperatives, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NONRECOGNITION OF GAIN ON SALE OF STOCK TO CERTAIN FARMERS' 
              COOPERATIVES.

    (a) Application of Section 1042 to Certain Farmers' Cooperatives.--
Section 1042 of the Internal Revenue Code of 1986 (relating to sales of 
stock to employee stock ownership plans or certain cooperatives) is 
amended by adding at the end the following new subsection:
    ``(g) Application of Section to Sales of Stock in Agricultural 
Refiners and Processors to Eligible Farm Cooperatives.--
            ``(1) In general.--This section shall apply to the sale of 
        stock of a qualified refiner or processor to an eligible 
        farmers' cooperative.
            ``(2) Qualified refiner or processor.--For purposes of this 
        subsection, the term `qualified refiner or processor' means a 
        domestic corporation--
                    ``(A) substantially all of the activities of which 
                consist of the active conduct of the trade or business 
                of refining or processing agricultural or horticultural 
                products, and
                    ``(B) which purchases more than one-half of such 
                products to be refined or processed from farmers who 
                make up the eligible farmers' cooperative which is 
                purchasing stock in the corporation in a transaction to 
                which this subsection is to apply.
            ``(3) Eligible farmers' cooperative.--For purposes of this 
        section, the term `eligible farmers' cooperative' means an 
        organization to which part I of subchapter T applies which is 
        engaged in the marketing of agricultural or horticultural 
        products.
            ``(4) Special rules.--In applying this section to a sale to 
        which paragraph (1) applies--
                    ``(A) the eligible farmers' cooperative shall be 
                treated in the same manner as a cooperative described 
                in subsection (b)(1)(B),
                    ``(B) subsection (b)(2) shall be applied by 
                substituting `100 percent' for `30 percent',
                    ``(C) the determination as to whether any stock in 
                the domestic corporation is a qualified security shall 
                be made without regard to whether the stock is an 
                employer security or to subsection (c)(1)(A), and
                    ``(D) subsection (c)(7) shall not apply.''
    (b) Effective Date.--The amendment made by this section shall apply 
to sales after the date of the enactment of this Act.
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