Page:United States Statutes at Large Volume 96 Part 2.djvu/1017

 PUBLIC LAW 97-448—JAN. 12, 1983

96 STAT. 2379

(g) AMENDMENTS RELATED TO SECTION 331.— 95 Stat. 289. (1) CERTAIN REGULATED COMPANIES.—Paragraph (3) of section 44G(b) (relating to certain regulated companies) is amended— 26 USC 44G. (A) by striking out "No credit" and inserting in lieu thereof "No credit attributable to compensation taken into account for the ratemaking purposes involved", and (B) by adding at the end thereof the following new sentence: "Under regulations prescribed by the Secretary, rules similar to the rules of paragraphs (4) and (7) of section 46(f) shall apply for purposes of the preceding sentence." (2) CONFORMING AMENDMENTS.^-

(A) Paragraph (21) of section 401(a) is amended by striking out "which would be allowable" and all that follows and inserting in lieu thereof the following: "which would be allowable— "(A) under section 46(a) if the employer made the transfer described in section 48(n)(l), or "(B) under section 44G if the employer made the transfer described in section 44G(c)(l)(B)." (B) Paragraph (4) of section 331(c) of the Economic Recovery Tax Act of 1981 is amended by striking out "section 6699" and inserting in lieu thereof "section 6699(c)". (C) Clause (ii) of section 6699(c)(2)(A) is amended by striking out "subparagraph (A)" and inserting in lieu thereof "clause (i)". (D) Clause (ii) of section 6699(c)(2)(B) is amended by striking out "subparagraph (A)" and inserting in lieu thereof "clause (i)". (E) Paragraph (4) of section 55(c) is amended by striking out "44G(b)(l),". (F) The paragraph (29) of section 381(c) added by section 331 of the Economic Recovery Tax Act of 1981 is redesignated as paragraph (30). (h) AMENDMENT RELATED TO SECTION 334.—The last sentence of section 409A(h)(2) is amended by striking out "the requirements of section 401(a)" and inserting in lieu thereof "the requirements of this subsection or of section 401(a)". (i) AMENDMENT RELATED TO SECTION 337.—Paragraph (2) of section 409A(d) is amended to read as follows: "(2) a transfer of a participant to the employment of an acquiring employer from the employment of the selling corporation in the case of a sale to the acquiring corporation of substantially all of the assets used by the selling corporation in a trade or business conducted by the selling corporation, or".

26 USC 401.

26 USC 6699. 26 USC 6699.

26 USC 55. 26 USC 381. ^5 Stat. 297. 26 USC 409A. 95 Stat. 298.

SEC. 104. AMENDMENTS RELATED TO TITLE IV OF THE ACT.

(a) AMENDMENTS RELATED TO SECTION 403.—

95 Stat. 301.

(1) PROPERTY TREATED AS HAVING PASSED FROM SPOUSE.—

(A) Subsection (b) of section 1014 (relating to basis of 26 USC 1014. property acquired from decedent) is amended by adding at the end thereof the following new paragraph: "(10) Property includible in the gross estate of the decedent under section 2044 (relating to certain property for which marital deduction was previously allowed). In any such case, the last 3 sentences of paragraph (9) shall apply as if such property were described in the first sentence of paragraph (9)."

�