Page:United States Statutes at Large Volume 92 Part 1.djvu/1050

 92 STAT. 996

PUBLIC LAW 95-427—OCT. 7, 1978

Public Law 95-427 95th Congress Oct. 7, 1978 [H.R. 12841] Taxes. Regulations on taxation of fringe benefits, prohibition. 26 USC 61 note.

An Act To prohibit the issuance of regulations on the taxation of fringe benefits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FRINGE BENEFIT REGULATIONS.

(a) IN GENERAL.—>fo fringe benefit regulation shall be issued— (1) in final form on or after May 1, 1978, and on or before December 31, 1979, or (2) in proposed or final form on or after May 1, 1978, if such regulation has an effective date on or before December 31, 1979. (b) DEFINITION OF FRINGE BENEFIT REGULATION.—For purposes of

26 USC 61. 26 USC 62 note.

subsection (a), the term "fringe benefit regulation" means a regulation providing for the inclusion of any fringe benefit in gross income by reason of section 61 of the Internal Revenue Code of 1954. SEC. 2. COMMUTING EXPENSES.

With respect to transportation costs paid or incurred after December 31, 1976, and on or before December 31, 1979, the application of sections 62,162, and 262 and of chapters 21, 23, and 24 of the Internal 26 USC 62, 162, Revenue Code of 1954 to transportation expenses in traveling between 262, 3101 et seq., a taxpayer's residence and place of work shall be determined— 3301 et seq., (1) without regard to Revenue Ruling 76^53 (and without 3401 et seq. regard to any other regulation, ruling, or decision reaching the same result as, or a result similar to, the result set forth in such Revenue Ruling); and (2) with full regard to the rules in effect before Revenue Ruling 76-453. 26 USC 119 note.

26 USC 1 et seq.

SEC. 3. TREATMENT OF CERTAIN STATUTORY SUBSISTENCE ALLOWANCES OR SUBSISTENCE ALLOWANCES NEGOTIATED IN ACCORDANCE WITH STATE LAW RECEIVED BY STATE POLICE OFFICERS BEFORE JANUARY 1, 1978. (a) GENERAL RULE. — I f —

(1) an individual who, was employed as a State police officer received a statutory subsistence allowance or a subsistence allowance negotiated in accordance with State law while so employed, (2) such individual elects, on or before April 15, 1979, and in such manner and form as the Secretary of the Treasury may prescribe, to have this section apply to such allowance, and (3) this section applies to such allowance, then, for purposes of the Internal Revenue Code of 1954, such allowance shall not be included in such individual's gross income. (b) ALLOWANCES TO W H I C H SECTION APPLIES.—For purposes of this section, this section applies to any statutory subsistence allowance or subsistence allowance negotiated in accordance with State law which was received— (1) after December 31, 1969, and before January 1, 1977, to the extent such individual did not include such allowance in gross income on his income tax return for the taxable year in which such allowance was received, or (2) during the calendar year 1977.

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