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1983-84 Miscellaneous Tax Bills-IV

MONDAY, AUGUST 1, 1983

U.S. SENATE,

SUBCOMMITTEE ON TAXATION AND DEBT MANAGEMENT,

COMMITTEE ON FINANCE,
Washington, D.C.

The committee met, pursuant to notice, at 9:32 a.m. in room SD215, Dirksen Senate Office Building, Hon. William L. Armstrong (chairman) presiding.

Present: Senators Armstrong, Grassley, Long and Matsunaga. [The press release announcing the hearing, the text of bills S. 108, S. 1464, S. 1549, S. 1579 and S. 1600, the Joint Committee on Taxation's description and the prepared written statement of Senator Armstrong follow:]

[Press Release No. 83-160]

FINANCE SUBCOMMITTEE ON TAXATION AND DEBT MANAGEMENT SETS HEARING ON FIVE MISCELLANEOUS TAX BILLS

Senator Bob Packwood, Chairman of the Subcommittee on Taxation and Debt Management, announced today that a hearing will be held on Monday, August 1, 1983, on five miscellaneous tax bills.

The hearing will begin at 9:30 a.m., with an afternoon session beginning at 2:00 p.m., in Room SD-215 of the Dirksen Senate Office Building.

The following legislative proposals will be considered:

S. 1600.-Introduced by Senator Armstrong. S. 1600 would adjust for inflation the tax basis of certain corporate stock and real property for purposes of determining capital gains.

S. 1579.-Introduced by Senator Armstrong. S. 1579 would make the mileage allowance for tax deductions for the use of a private automobile in providing services to charities equal to the mileage allowance for tax deductions for business use of an automobile.

S. 108.-Introduced by Senator Grassley for himself and others. S. 108 would increase tax incentives for corporate charitable contributions of vocational edcuation equipment and provide new tax incentives for other corporate assistance to vocational education programs.

S. 1464.-Introduced by Senators Armstrong and Hart. S. 1464 would amend the Tax Reform Act of 1969 with respect to application of the private foundation excess business holding provisions to the El Pomar Foundation of Colorado Springs, Colorado.

S. 1549.-Introduced by Senator Armstrong for himself and others. S. 1549 would permit individual retirement accounts, qualified retirement trusts, and certain educational organizations to invest in working interests in oil and gas properties without incurring unrelated business taxable income.

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Bed macted by the Benum and Bouse of Represento2 use of the Crated States of America in Compress assembled, $ 230 1. CONTRIBUTIONS OF PROPERTY USED IN VOCA

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TIONAL EDUCATION PROGRAMS.

IN GENERAL-Bubsection (e) of section 170 of the

@ Internal Revenue Code of 1954 (relating to certain contrību

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1 tions of ordinary income and capital gain property) is amend

2 ed by adding at the end thereof the following new paragraph:

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"(5) SPECIAL RULE FOR CONTRIBUTIONS OF

PROPERTY USED IN CERTAIN VOCATIONAL EDUCA

TION PROGRAMS.

"(A) LIMIT OR REDUCTION.-In the case of

a postsecondary vocational education contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B).

"(B) POSTSECONDARY VOCATIONAL EDUCATION CONTRIBUTION.-For purposes of this paragraph, the term 'postsecondary vocational education contribution' means a charitable contribution

of tangible personal property but only if—

"(i) such contribution is to a public community college or public technical institute (within the meaning of section 742(b) of the Higher Education Act of 1965 (20 U.S.C. 1132e-1)) or any other institution of higher education (within the meaning of section 1201(a) of such Act (20 U.S.C. 1141)),

“(ii) substantially all of the use of such property by the donee is for training students

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enrolled in a postsecondary vocational educa

tion program offered by the donee,

"(iii) such property is not transferred by the donee in exchange for money, other

property, or services, and

"(iv) the taxpayer receives from the donee a written statement representing that the donee's use and disposition of such prop

erty will be in accordance with the provisions of clauses (ii) and (iii).

"(C) POSTSECONDARY VOCATIONAL EDUCATION PROGRAM.-For purposes of this paragraph, the term 'postsecondary vocational education pro

gram' means an organized education program which

“(i) is a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge, or

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"(ii) is directly related to the preparation of individuals for paid or unpaid employ

ment or for a career which does not require

a baccalaureate or advanced degree.".

(b) EFFECTIVE DATE.-The amendment made by this

6 section shall apply to contributions made after December 31,

7 1982.

8 SEC. 2. POSTSECONDARY VOCATIONAL EDUCATION INSTRUC

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TION CREDIT.

(a) IN GENERAL.-Subpart A of part IV of subchapter

11 A of chapter 1 of the Internal Revenue Code of 1954 (relat12 ing to credits allowable against tax) is amended by inserting 13 after section 44G the following new section:

14 "SEC. 44H. VOCATIONAL EDUCATION INSTRUCTION CREDIT.

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"(a) IN GENERAL.-There shall be allowed as a credit 16 against the tax imposed by this chapter for the taxable year

17 an amount equal to the sum of—

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