Page:United States Statutes at Large Volume 94 Part 3.djvu/880

 94 STAT. 3524

PUBLIC LAW 96-605—DEC. 28, 1980 "(i) from a nonmember telephone company for the performance of communication services which involve members of the mutual or cooperative telephone company, "(ii) from qualified pole rentals, or "(iii) from the sale of display listings in a directory furnished to the members of the mutual or cooperative telephone company. "(C) In the case of a mutual or cooperative electric company, subparagraph (A) shall be applied without taking into account any income received or accrued from qualified pole rentals. "(D) For purposes of this paragraph, the term 'qualified pole rental' means any rental of a pole (or other structure used to support wires) if such pole (or other structure)— "(i) is used by the telephone or electric company to support one or more wires which are used by such company in providing telephone or electric services to its members, and "(ii) is used pursuant to the rental to support one or more wires (in addition to the wires described in clause (i)) for use in connection with the transmission by wire of electricity or of telephone or other communications. For purposes of the preceding sentence, the term 'rental' includes any sale of the right to use the pole (or other structure)."

"Qualified pole rental."

"Rental." 26 USC 513.

(b) ENGAGING:N POLE RENTALS TREATED AS NOT ENGAGING IN

UNRELATED TRADE OR BUSINESS.—Section 513 (defining unrelated "Unrelated trade or business." Supra. 26 USC 501 note.

trade or business) is amended by adding at the end thereof the following new subsection: "(g) CERTAIN POLE RENTALS.—In the case of a mutual or cooperative telephone or electric company, the term 'unrelated trade or business' does not include engaging in qualified pole rentals (as defined in section 501(c)(12)(D))." (c) EFFECTIVE DATES.— (1) SUBSECTION (a).—The amendments made by subsection (a)

shall apply to all taxable years to which the Internal Revenue Code of 1954 applies. (2) SUBSECTION (b).—The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1969.

26 USC 1. 26 USC 513 note. SEC.

107. EXEMPTION FOR CERTAIN SUBSISTENCE ALLOWANCES RECEIVED BY CERTAIN POLICE OFFICERS BEFORE JANUARY 1, 1978.

26 USC 119 note.

(a) GENERAL RULE.—Subsection (b) of section 3 of the Act of October 7, 1978, entitled "An Act to prohibit the issuance of regulations on the taxation of fringe benefits, and for other purposes" is amended— (1) by striking out "January 1, 1977" and inserting in lieu thereof "January 1, 1974", and (2) by striking out "calendar year 1977" and inserting in lieu thereof "calendar year 1974, 1975, 1976, or 1977". 26 USC 119 note. (b) STATUTE OF LIMITATIONS.—In the case of any allowance received during calendar year 1974, 1975, 1976, or 1977, subsections (a)(2) and (e) of such section 3 shall be applied by substituting the date one year after the date of the enactment of this Act for "April 15, 1979" each place it appears. SEC. 108. TREATMENT OF CERTAIN EXPENSES INCLUDIBLE IN THE INCOME OF THE RECIPIENT. 26 USC 274.

(a) IN GENERAL.—Subsection (e) of section 274 (relating to specific exceptions to application of disallowance of certain entertainment,

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