[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6348 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6348

To amend the Internal Revenue Code of 1986 to exclude from gross income 
   gain from the conversion of property by reason of eminent domain.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2008

Mr. Gingrey (for himself, Mr. Hunter, Mr. Linder, Mr. Westmoreland, Mr. 
  Price of Georgia, Mr. Broun of Georgia, Mrs. Drake, Ms. Fallin, Mr. 
Feeney, Mr. Marchant, Mr. Kline of Minnesota, Mr. Shadegg, Mr. Gohmert, 
   Mr. Davis of Kentucky, Mrs. Bachmann, Mr. Pitts, Mr. Bartlett of 
 Maryland, Mr. Pence, Mr. Hensarling, Mr. King of Iowa, Mr. Latta, Mr. 
David Davis of Tennessee, Mr. Garrett of New Jersey, Mr. Sullivan, Mr. 
 Wamp, Mr. Rogers of Kentucky, Mr. Alexander, Mr. Gallegly, Mr. Paul, 
 Mr. Souder, and Mr. Calvert) 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 exclude from gross income 
   gain from the conversion of property by reason of eminent domain.

    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 ``Eminent Domain Tax Relief Act of 
2008''.

SEC. 2. EXCLUSION FROM GROSS INCOME FOR GAIN FROM DISPOSITION OF 
              PROPERTY BY REASON OF EMINENT DOMAIN.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by inserting after section 139B the 
following new section:

``SEC. 139C. GAIN FROM DISPOSITION OF PROPERTY BY REASON OF EMINENT 
              DOMAIN.

    ``(a) In General.--Gross income shall not include gain from the 
conversion (or threat or imminence thereof) of property in the United 
States by reason of the exercise of eminent domain by a governmental 
unit having the power to exercise eminent domain.
    ``(b) Coordination With Other Nonrecognition Provisions.--
            ``(1) Gain.--Gain excluded under subsection (a) shall not 
        be treated as gain recognized or an amount realized for 
        purposes of sections 467, 637(d), 1033, 1245, 1250, 1252, 1254, 
        1255, and 1402.
            ``(2) Section 1231.--Section 1231 shall be applied without 
        regard to this section.
            ``(3) Holding period.--Section 1223(1) shall not apply.
    ``(c) Election Not To Claim Credit.--This section shall not apply 
to a taxpayer for any taxable year if such taxpayer elects to have this 
section not apply for such taxable year.''.
    (b) Clerical Amendment.--The table of sections for such part is 
amended by inserting after the item relating to section 139B the 
following new item:

``Sec. 139C. Gain from disposition of property by reason of eminent 
                            domain.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.
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