[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 435 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 435

 To amend the Internal Revenue Code of 1986 to allow the Secretary of 
 the Treasury to waive the contemporaneous substantiation requirement 
      for deduction of charitable contributions in certain cases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 1999

 Mr. Enzi (for himself and Mr. Thomas) 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 allow the Secretary of 
 the Treasury to waive the contemporaneous substantiation requirement 
      for deduction of charitable contributions in certain cases.

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

SECTION 1. SHORT TITLE.

    This act may be cited as the ``Equity in Charitable Giving Act''.

SEC. 2. SUBSTANTIATION OF CHARITABLE CONTRIBUTIONS.

    (a) In General.--Section 170(f)(8) is amended by redesignating 
subparagraph (E) as subparagraph (F) and by adding after subparagraph 
(D) the following new subparagraph:
                    ``(E) Waiver of contemporaneous requirement.--The 
                requirement under subparagraph (A) that a written 
                acknowledgment be contemporaneous shall not apply if--
                            ``(i) the taxpayer receives the written 
                        acknowledgment before the expiration of the 
                        period for assessing tax for the taxable year, 
                        and
                            ``(ii) the taxpayer establishes to the 
                        satisfaction of the Secretary that no goods or 
                        services were received in exchange for such 
                        contribution.''
    ``(b) Effective Date.--The amendments made by this section shall 
apply to contributions made on or after January 1, 1994.
    ``(c) Termination.--This subparagraph shall not apply to 
contributions made after the date on which the Secretary issues the 
regulations prescribed in subparagraph (8)(F) (i.e., regulations 
providing that some or all of the requirements of paragraph (8) do not 
apply in appropriate cases).
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