Page:United States Statutes at Large Volume 96 Part 1.djvu/483

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 441

and (7) of such Code, as added by subsection (a)(1)) and section 209 shall not apply to qualified leased property described in section 168(f)(8)(D)(V) of such Code (as in effect after the amend- Ante, p. 435. ments made by this section) which— (A) is placed in service before January 1, 1988, or (B) is placed in service after such date— (i) pursuant to a binding contract or commitment entered into before April 1, 1983, and (ii) solely because of conditions which, as determined by the Secretary of the Treasury or his delegate, are not within the control of the lessor or lessee. (6) QUALIFIED LESSEE DEFINED.—

(A) IN GENERAL.—The term "qualified lessee" means a taxpayer which is a lessee of an agreement to which section 168(f)(8)(A) of such Code applies and which— Post, p. 442. (i) had net operating losses in each of the three most recent taxable years ending before July 1, 1982, and had an aggregate net operating loss for the five most recent taxable years ending before July 1, 1982, and (ii) which uses the property subject to the agreement to manufacture and produce within the United States a class of products in an industry with respect to which— (I) the taxpayer produced less than 5 percent of the total number of units (or value) of such products during the period covering the three most recent taxable years of the taxpayer ending before July 1, 1982, and (II) four or fewer United States persons (including as one person an affiliated group as defined in section 1504(a)) other than the taxpayer manufac- 26 USC 1504. tured 85 percent or more of the total number of all units (or value) within such class of products manufactured and produced in the United States during such period. (B) CLASS OF PRODUCTS.—For purposes of subparagraph

(A)(i) the term "class of products" means any of the categories designated and numbered as a "class of products" in the 1977 Census of Manufacturers compiled and published by the Secretary of Commerce under title 13 of the United States Code, and (ii) information— (I) compiled or published by the Secretary of Commerce, as part of or in connection with the Statistical Abstract of the United States or the Census of Manufacturers, regarding the number of units (or value) of a class of products manufactured and produced in the United States during any period, or (II) if information under subclause (I) is not available, so compiled or published with respect to the number of such units shipped or sold by such manufacturers during any period, shall constitute prima facie evidence of the total number of all units of such class of products manufactured and produced in the United States in such period.

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