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

Case 1:05-cv-00231-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
No. 05-23 1 T (Chief Judge Damich)

JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership,
Plaintiff,
v.

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 REGULATION § 1.752-6

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Description
§ 309(c) of 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").

Pages
001-002

Al

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
-Vlll-

006-010 011-014

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Description

Pages

A5

S. 1792, the Tax Relief Extension Act of 1999
S. 1429, 106th 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

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

(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
Makg conslidate appropriations for the fica year endi September 30, 200 1,
and for other.

Dec. 21, 2000
(H.R 45771

puros.

Be it enacted by the Senate and House of Representatives of Conslite the United States of Ameria in Congress assembled, Appropritions
SECTION 1. (a) The proviions of the followig bils of the

Ac,2001.

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

Incorpran by

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

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

State Statute at Lae pursuant to section 112 of title 1, United

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

Pu1itiOIL
1 use 112 nnte.

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

of the enactment of this Act.

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

Guidelies aet forth in the joint explanatory statement of the

commttee of conference accompanyig Conference Report 105-217, legilation 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 XI of H.R. 5548 (l06th Congress) as enacted by H.R. 4942 (106th

would have been estimated by the Offce of Management and Budget as chagig diect spendig or receipts under section 252. of the Balanced Budgetand Emergency Deficit Control Act of 1985 were

Congress), division B of H.R. 5666 (106th Congress) as enacted by this Act, and sections 1(a)(5) through l(a)(9) of this Act that

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. "
. See Endnote on 114 Stat. 2764.
89139 0-00 (6ó)

section 254(fX3) of the Balanced Budget and Em'èrgency Deficit

(b) In preparg the final sequestration report requied by

Control Act of 1985 for fiscal year 2001, in addition to the'inormation required by that section, the Director of the Offce of Manage-

ment and Budget shall change any balance of direct spendig
;! GOVERNMENT
EXHIBIT

Appendix lA

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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(0 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 addig at the end the followi new subsection:

SUBECTION (d) DOES NOT APPLY.-

"(h) SPECIA RULES FOR AsUMON OF LIAILITIES To WHICH

sions of th section to an exchge or series of exchge, the basis of propert to which subsecion (a)(l) applies exceds the fai maket value of such propert, then such basis sha be reduced (hut not below such fai maket value) by the
amount (determed as of the date of the exchage) of any

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

liabiltyand

"(A) which is assumed in exchange for such propert,
"(B) with respet to which subsection (d)(1) does not

apply to the asumption.

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

is assocated is trferr to the person assum the
liabilty as par of the excle, or

"(A) the trde or business with which the liabilty
"(B) substatialy al or the assets with which the

liabilty is assocte ar traferred to the persn assum~
ing the liabilty as par of .le exchage. "(3) LIAILIT.-For purses of th subsecion, the term

'liabilty shal include any fied or contingent obligation to

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

th title.".

tion 357( dX 1) is amended by insertg "section 358(h)," afr "secion
358(d),". (c) APPLICATION OF COMPARLE RUL TO PARTNRSHIP AN
S CORPORATIONs.-Tbe Secta of the Treasury or his delega~

(b) DETERMATION OF AMoUN OF LIAILIT AsUMD.-Sec-

ments under'subchapter K of chpter 1 of the Intemal Revenue Code of 1986 to prevent the acceleration or duplication of losses

(1) shall prescribe nùes which provide appropriate adjust-

liabilties described in section 358(hX3) of such Code (as added by subsecion (a)) in transactions involving parerships, and (2) may prescribe nùes 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 DATE.-

actions described in paragaph 0) involvig S corprations
(1) IN GENERA.-The amendments made by this section

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

such later date as may be precribed in such rules. SEC. 310. DISCLOUR OF CERTAI INORMTION TO CONGRESSIONAL BUDGET OFFCE.

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

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

(a) DI~CLOSUR OF CERTAI TAX lNORMTJON.--

002