Free Response to Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Nos. 06-245T, 06-246T, and 06-247T (Consolidated)

MURFAM FARMS, LLC, §
By and Through Wendell H. Murphy, Jr., §
a Partner Other Than Tax Matters Partner, §

By and Through Stratton K. Murphy, §
§

PSM FARMS, LLC, §
a Partner Other Than Tax Matters Partner, §

§

MURPHY PORK PARTNERS, LLC §
By and Through Wendell H. Murphy, Jr. §
a Partner Other Than Tax Matters Partner, §

v. §

P~~tiff, §
§
§ § §

UNITED STATES OF AMERICA, §

Defendant. §

APPENDIX OF ADDITIONAL LEGISLATIVE AUTHORITIES CITED IN UNITED STATES' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE VALIDITY OF TREASURY REGULA TION § 1.752-6

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#

Description

Pages

Al

the Community Renewal Tax Relief Act of2000, Pub. L. No. 106-554, 114 Stat. 2763A-587. T.D. 9062,2003-2 C.B. 46, 67 (the "2000 Act").
§ 309(c) of

001-002

A2
A3

H.R. 2488, 106th Congo (1999), pp. 537-538

003-005

H.R. Conf. Rep. No. 106-1033 (2000), reprinted in 2000-3 C.B. 304, 347, pp.l017-1020
H.R. Rep. No.1 06-1 036 (2000), pp. 5-7

006-010
o 11-0 14

A4
A5

S. 1792, the Tax Relief Extension Act of 1999
S. 1429, lO6th Congo (1999), pp.214-215

015-017 018-020 021-024
025-029

A6 A7
A8

S. Rep. No. 106-201 (1999), pp. 46-48

Explanation of

Staff of the Joint Comm. on Taxation, 106th Cong., General Tax Legislation Enacted in the I06th Congress

(Comm. Print 2001) (JCS-2-01), reprinted in 2000-3 C.B. 565,651,

pp.153-156.

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114 STAT. 2763

PUBLIC LAW 106-554-DEC. 21,2000

*Public Law 106-554
l06th Congress

An Act
Dec. 21, 2000
(H.R 46771

Makg conslidate appropriations for the fica year ending September 30, 200 1, and for other.puros.

Be it enacted by the Senate and House of Representatives of

the United Stats of Ameria in Congress assembled,
SECTION 1. (a) The proviions of the followig bils of the

Conslite
Ac, 2001.

Approprtions
Incorpran by

106th Congress ar hereby enacted into law: (1) H.R. 5656, as introduced on Decmber 14, 2000.
(2) H.R. 5657, as introduced on December 14,2000.

reernce ,

(3) H.R. 5658, as introduced on December 14, 2000. (4) H.R. 5666, as introduced on December 15,2000, except
that the text of H.R. 5666, as so enacted, shal not include

section 123 (relating to the enactment ofH.R. 4904).

(5) H.R. 5660, as introduce on December 14, 2000. (6) flR. 5661, as introuced on Decmber 14, 2000. (7) flR. 5662, as introuced on December 14, 2000. (8) H.R. 5663, as introduced on December 14, 2000. (9) H.R. 5667, as introduced on December 15, 2000.

Pulition.
1 use 112 note.

State Statute at Lae pursuant to section 1ii of title 1, United
States Code, the Arhivit of the Unite States sha include afr the date of approval at the end appendies settg fort the text of the bil referrd to in subsection (a) of ths secion and the text of any other bil enactd into law by reference by' reason

(b) In publishi this Act in slip form and in the United

of the enactment of this Act.

SEC. 2. (a) Notwithstadig Rule 3 of the Budget Scorekeepin

Guidelies flet forth in the joint explanatory statement of the

commttee of conference accompanyig Conference Report 105-217, legislation enacte in section 505 of the Deparent of Transportation and Related Agencies Appropriations Act, 2001, section 312 of the Leslative Branch Appropriations Act, 2001, titles X and Xl of H.R. 5548 (looth Congress) as enacted by H.R. 4942 (106th

by this Act, and sections l(a)(5) through l(a)(9) of this Act that would have been estimated by the Offce of Management and Budget as chagig diect spendig or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were

Congress), division B of flR. 5666 (106th Congress) as enacted

it included in an Act other than an appropriations Act shal be

treated as direct spendig or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit

Control Act of 1985. '"

(b) In preparg the final sequestration report requied by section 254(fX3) of the Balanced Budget and Em'ergency Deficit

Control Act of 1985 for fiscal year 2001, in addition to the 'inorma-

tion required by that section, the Director of the Offce of Manage. See Endnote on 114 Stat. 2764.

ment and Budget shall change any balance of direct spendig
~ GOVERNMENT
EXHIBIT
&;1390-00(65)

Appendix lA

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001

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114 STAT. 2763A-638 PUBLIC LAW 106-554-APPENDIX G
that were prescribed based on the errneous amount. SEC. 80. PREON OF DUPLICATION OF LO THUGH ASUM.
TION OF LIILS GIVG RIE TO A DEDUCTON.

(2) tables prescribed under section 1(f) of such Code to refect such corr amount sh apply in lieu of any tables

(a) IN GENERA.-Secion 358 (relating to basis to ditributes)
is amended by addi at the end the followi new subsection:

SUBECTION (d) DOES NOT APPLY.-

"(h) SPECIAL RUL FOR AsUMON OF LIAILITIES To WHICH

the basis of propert to which subsecion (aXl) applies excds
the fai maket value of such propert, then such basis sha

sions of th section to an exchge or series of exchge,

"( 1) IN GENERA.-If, afr application of the other provi-

be reduced (but not below such fai maket value) by the

amount (determed as of the date of the exchage) of any

I

liabiltyand

M

"(A) which is assumed in exchange for such propert,

apply to the asumption.

"(B) with respe to which subsection (dX1) does not

"(2) EXCEPTIONS.-Excpt as provided by the Seeta,
paragraph (1) shal not apply to any liabilty if-

is assocated is trferr to the person assumg the
liabilty as par of

"(A) the trde or business with which the liabilty

the ex~e, or

I
~

liabilty is assocte ar traferred to the persn assuming the liabilty as par of-te exchage.
"(3) LIAILIT.-For purses of th subsecion, the term
'liabilty shal include any fied or contingent obligation to

"(B) substatialy al oÎ the assets with which the

mak payment, without regar to whether the obligation is
othrwe taen into accunt for puroses of

th title.".

(b) DETERMATION OF AMOUN OF LIAILIT AsUMD.-Section 357(dX1) is amended by insertg "section 358(h)," afr "secion

358(d),". (c) APPLICATION OF COMPARLE RUL TO PARTNRSHIP AN
S CORPORATIONS.- The Secta of the Treasury or his delegate

(1) shall .prescribe rues which provide appropriate adjustments under subchapter K of chpter 1 of the Internal Revenue Code of 1986 to prevent the acceleration or duplication of losses
liabilities described in section 358(hX3) of such Code (as added by subsecion (a)) in transactions involving parerships, and (2) may prescribe rues which provide appropriate adjustments under subchapter S of chapter 1 of such Code in trs-

thrugh the assumption of (or tranfer of assets subject to)

rather than parnerships. (d) EFFECTIV DATES.-

actions described in paragaph (1) involvig S corprations

(1) IN GENERA.-The amendments made by this section

shall apply to assumptions of liabilty afr October 18, 1999.

(2) RULES.-The rues prescribed under subsection (c) shall

such later date as may be precribed in such rues. SEC. 310. DISCLOUR OF CERTAI INORMTION TO CONGRESSIONAL BUDGET OFFCE. (a) DISCLOSUR OF CERTAIN TAX INORMTION.n_n

apply to assumptions of liabilty afr October 18, 1999, or

002