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1 taxable income) is amended by inserting after paragraph (15)

2 the following new paragraph:

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"(16)(A) In the case of a trust which constitutes a qualified trust under section 401 or which is described

in section 408(a) or of an organization described in section 170(b)(1)(A) (ii) or (iv), there shall be excluded all income from a working interest in a domestic oil or gas

well, and all deductions and credits directly connected

with such income or interest, if such income is allocated to such trust or organization as a limited partner

by a limited partnership which at no time during the partnership taxable year in which such allocation is made

"(i) allocated to the limited partners a lesser share of any item of deduction, loss or credit than

their share of income or gain,

"(ii) allocated among the limited partners shares of any item of deduction, loss or credit

which differed from the ratio in which they shared

income or gain,

"(iii) allocated cash distributions to partners in a different manner than the allocation of

income or gain, and

“(iv) had a general partner related to such

trust or organization.

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"(B) Subparagraph (A) shall not apply in any

case, as determined under regulations prescribed by the Secretary, in which multitier partnerships or other ar

rangements are used for the principal purpose of avoiding the conditions of such subparagraph. Clauses (i), (ii)

and (iii) of subparagraph (A) shall not apply to allocations made in accordance with section 704(c)(2) (relat

ing to property contributed to the partnership) on a nondiscriminatory basis as between exempt and nonexempt limited partners.

"(C) For purposes of subparagraph (A)—

"(i) a trust is related to any person that bears the relationship to it described in section 514(c)(9)(B)(iv) (I) and (II); and

"(ii) an organization is related to any person described in section 4946(a)(1)(A) through (G); and

"(iii) a trust or organization is related to"(I) any corporation in which it (directly or together with any persons described in clause (i) or (ii)) holds 35 percent or more of

the combined voting power of all classes of

stock entitled to vote or the total value of

shares of all classes of stock of such corpora

tion,

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"(II) any partnership in which it (direct

ly or together with any persons described in clause (i) or (ii)) holds 35 percent or more of the capital interest or profits interest or

"(III) a trust or estate in which it (directly or together with any persons described in clause (i) or (ii)) holds 35 percent or more

of the beneficial interest.

"For purposes of this subparagraph, in applying section 514(c)(9)(B)(iv) (I) and (II), '35 percent' shall be substituted for '50 percent' in section 4975(e)(2) (E) and (G), and in applying section 4946(a)(1) (A) through (G), ‘organization described in section 170(b)(1)(A) (ii) or (iv)'

shall be substituted for 'foundation' or 'private foundation' in section 4946 and section 507(d)(2). In applying

this subparagraph, a trust or organization which is a limited partner in a partnership shall be treated as owning an interest in the general partner held by any other such trust or organization (or any person related thereto) which is a partner in such partnership.".

(b) Subsection (c) of section 514 of the Internal Revenue 22 Code of 1954 (relating to unrelated debt-financed income) is 23 amended by inserting after paragraph (9) the following new 24 paragraph:

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"(10) CERTAIN OIL AND GAS INTERESTS.-—For

purposes of this section

"(A) IN GENERAL.-Except as provided in subparagraph (B), the term 'acquisition indebtedness' with respect to a trust which constitutes a

qualified trust under section 401 or which is described in section 408(a) or an organization described in section 170(b)(1)(A) (ii) or (iv) does not

include indebtedness incurred by a limited part

nership described in section 512(b)(16) in acquiring, developing or operating a working interest in a domestic oil or gas well.

"(B) EXCEPTIONS.-The provisions of subparagraph (A) shall not apply with respect to a trust or organization in any case in which

"(i) the acquisition price of such working interest is not a fixed amount determined

as of the date of acquisition;

"(ii) the amount of any such indebtedness or any other amount payable with respect to such indebtedness or the time for

making any payment of any such amount, is dependent, in whole or in part, upon any revenue, income, or profits derived by or from such limited partnership;

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"(iii) such working interests are at any time after their acquisition leased by the limited partnership to the person selling such properties to the limited partnership or to any person who bears a relationship described in section 267(b) to such person;

"(iv) such working interests are acquired from, or are at any time after the acquisition leased by the limited partnership to, any person who bears a relationship described in section 512(b)(16)(C) to such trust or organization; or

"(v) any person described in clause (iii) or (iv) provides such limited partnership, trust, or organization with nonrecourse financing in connection with such transaction and such debt

"(I) is subordinate to any other indebtedness on such property, or

"(II) bears interest at a rate which

is significantly less than the rate availa

ble from any person not described in

clause (iii) or (iv) at the time such in

debtedness is incurred.

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