Page:United States Statutes at Large Volume 111 Part 1.djvu/884

 Ill STAT. 860 PUBLIC LAW 105-34—AUG. 5, 1997 "(iv) the trustee of a trust the corpus of which includes the Isind to be subject to the quaUfied conservation easement. "(D) MEMBER OF FAMILY.— The term 'member of the decedent's family* means any member of the family (as defined in section 2032A(e)(2)) of the decedent. " (9) APPLICATION OF THIS SECTION TO INTERESTS IN PART- NERSHIPS, CORPORATIONS, AND TRUSTS.—T h is section shall apply to an interest in a partnership, corporation, or trust if at least 30 percent of the entity is owned (directly or indirectly) by the decedent, as determined under the rules described in section 2033A(e)(3).". (b) CARRYOVER BASIS. —Section 1014(a) (relating to basis of property acquired from a decedent) is amended by striking "or" at the end of paragraphs (1) and (2), by striking the period at the end of paragraph (3) and inserting ", or" and by adding at the end the following new paragraph: "(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.". (c) QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSI- TION.—Subsection (c) of section 2032A (relating to alternative valuation method) is amended by adding at the end the following new paragraph: "(8) QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DIS- POSITION. —^A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A).". (d) QUALIFIED CONSERVATION CONTRIBUTION WHERE SURFACE AND MINERAL RIGHTS ARE SEPARATED. — Section 170(h)(5)(B)(ii) (relating to special rule) is amended to read as follows: "(ii) SPECIAL RULE.— With respect to any contribution of property in which the ownership of the surface estate and mineral interests has been and remains separated, subparagraph (A) shall be treated as met if the probability of sirrface mining occurring on such property is so remote as to be negligible.". (e) EFFECTIVE DATES. — 26 USC 1014 (1) EXCLUSION.— The amendments made by subsections (a) note. and (b) shall apply to estates of decedents dying after December 31, 1997. 26 USC 170 note. (2) EASEMENTS.— The amendments made by subsections (c) and (d) shall apply to easements granted after December 31, 1997. Subtitle B—Generation-Skipping Tax Provision SEC. 511. EXPANSION OF EXCEPTION FROM GENERATION-SKIPPING TRANSFER TAX FOR TRANSFERS TO INDIVIDUALS WITH DECEASED PARENTS. (a) IN GENERAL. —Section 2651 (relating to generation assignment) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: " (e) SPECIAL RULE FOR PERSONS WITH A DECEASED PARENT.—

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