[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2374 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2374
To amend the Internal Revenue Code of 1986 to treat certain motor
vehicle dealer transitional assistance as an involuntary conversion,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Camp introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to treat certain motor
vehicle dealer transitional assistance as an involuntary conversion,
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. MOTOR VEHICLE DEALER TRANSITIONAL ASSISTANCE TREATED AS AN
INVOLUNTARY CONVERSION.
(a) In General.--For purposes of subtitle A of the Internal Revenue
Code of 1986, in the case of a taxpayer who was a party to a motor
vehicle sales and service agreement with a motor vehicle manufacturer
who announced in December 2000 that it would phase-out the motor
vehicle brand to which such agreement relates--
(1) amounts received by such taxpayer from such
manufacturer on account of the termination of such agreement
shall be treated as received in an involuntary conversion to
which section 1033 of such Code applies, and
(2) the period described in section 1033(a)(2)(B) of such
Code shall begin on December 12, 2000.
(b) Character of Converted Property.--In applying section 1033 of
such Code for purposes of this section, the property involuntarily
converted shall be treated as being property used in the trade or
business of a motor vehicle retail sales and service dealership.
(c) Deduction for Interest on Deficiencies.--In the case of a
taxpayer who makes an election under subparagraph (A) of section
1033(a)(2) of such Code pursuant to this section, any interest
attributable to a deficiency referred to in subparagraph (C) of such
section shall be allowable as a deduction under subtitle A of such Code
notwithstanding any law or rule of law.
(d) Exception From Tax on Certain Built-In Gains of S
Corporations.--Solely for purposes of section 1374 of such Code, in the
case of a corporation which elects before June 28, 2001, to be an S
corporation (as defined in section 1361 of such Code), payments
referred to in subsection (a) (whether or not an election under section
1033 of such Code is made pursuant to this section) shall not be taken
into account in computing net recognized built-in gain of such
corporation.
(e) Installment Sales Treatment.--Amounts referred to in subsection
(a)(1) with respect to which the taxpayer does not make an election
under subparagraph (A) of section 1033(a)(2) of such Code shall be
treated for purposes of such Code as received from an installment sale
to which section 453 applies.
(f) Effective Date.--This section shall apply to amounts received
after December 12, 2000, in taxable years ending after such date.
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