Page:United States Statutes at Large Volume 83.djvu/607

 83 STAT. ]

PUBLIC LAW 91-172-DEC. 30, 1969

579

" (A) for any taxable year moving expenses have been deducted in accordance with the rule provided in paragraph (2), and " (B) the condition of subsection (c)(2) cannot be satisfied at the close of a subsequent taxable year, then an amount equal to the expenses which were so deducted shall be included in gross income for the first such subsequent taxable year. •'(e) DENIAL OF DOUBLE BENEFIT.—The amount realized on the sale of the residence described in subparagraph (A) of subsection (b)(2) shall not be decreased by the amount of any expenses described in such subparagraph which are allowed as a deduction under subsection (a), and the basis of a residence described in subparagraph (B) of subsection (b)(2) shall not be increased by the amount of any expenses described in such subparagraph which are allowed as a deduction under subsection (a). This subsection shall not apply to any expenses with respect to which an amount is included in gross income under subsection (d)(3).

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"(f) RULES FOR S E L F - E M P L O Y E D INDIVIDUALS.

"(1) DEFINITION.—For purposes of this section, the term 'selfemployed individual' means an individual who performs personal services— " (A) as the owner of the entire interest in an unincorporated trade or business, or " (B) as a partner in a partnership carrying on a trade or business. " (2) RULE FOR APPLICATION OF SUBSECTIONS (b)(1)

(c) AND

(D).—For purposes of subparagraphs (C) and (D) of subsection (b)(1), an individual who commences work at a new principal place of work as a self-employed individual shall be treated as having obtained employment when he has made substantial arrangements to commence such work. "(g) REGULATIONS.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section." (b) INCLUSION IN GROSS INCOME OF MOVING EXPENSE REIMBURSE-

MENTS.—Part II of subchapter B of chapter 1 (relating to items spe- 8o^sfat!*fi52?' cifically included in gross income) is amended by adding after section 26 USC 71-81. 81 the following new section: "SEC. 82. REIMBURSEMENT FOR EXPENSES OF MOVING. "There shall be included in gross income (as compensation for services) any amount received or accrued, directly or indirectly, by an individual as a payment for or reimbursement of expenses of moving from one residence to another residence which is attributable to employment or self-employment." (c) CONFORMING AMENDMENTS.—

(1) The table of sections for part II of subchapter B of chapter 1 is amended by adding at the end thereof the following new item: "Sec. 82. Reimbursement of moving expenses."

(2) Section 1001 (relating to determination of amount and recognition of gain or loss) is amended by adding after subsection (e) (as added by section 516(a) of this Act) the following new subsection: "(f)

CROSS REFERENCE.— r. "For treatment of certain expenses incident to the sale of a residence which were aeauciea as moving expenses by the taxpayer or his spouse TTiucn SCX'tinn 9 1 7 / ' Q " \ COO moving 917fo^ " were deducted as aoftinn expenses idpr under section 217(a), see section 217(e)."

Post,

p. 646.

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