Page:United States Statutes at Large Volume 96 Part 2.djvu/367

 PUBLIC LAW 97-362—OCT. 25, 1982

96 STAT. 1729

(2) after the conclusion of the appellate process, the order was again issued in October 1979, (3) the corporation sold its broadcasting operations before 1982, and (4) on October 15, 1981, the corporation acquired 100 percent of the stock of a publishing company, then the second sentence of section 1071(a) of the Internal Revenue Code of 1954 shall be applied with respect to sales and exchanges by such corporation before January 1, 1982, which are related to such order as if such second sentence treated stock of any corporation the principal business of which is operating newspapers and related printing operations in the same manner as stock of a corporation operating a radio broadcasting station.

26 USC 1071.

SEC. 104. TREATMENT OF CERTAIN SHALE OIL PROPERTY AS ENERGY PROPERTY.

(a) IN GENERAL.—Paragraph (7) of section 48(1) is amended by striking out "but does not and all that follows and inserting in lieu thereof "; except that such term does not include equipment for hydrogenation, refining, or other process subsequent to retorting other than hydrogenation or other process which is applied in the vicinity of the property from which the shale was extracted and which is applied to bring the shale oil to a grade and quality suitable for transportation to and processing in a refinery." (b) EFFECTIVE DATE.—The amendment made by this section shall apply to periods beginning after December 31, 1980, and before January 1, 1983, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954.

26 USC 48.

26 USC 48 note.

SEC. 105. ANNUITIES FOR SURVIVORS OF TAX COURT JUDGES.

(a) COMPUTATION OF ANNUITIES.—Subsection (m) of section 7448 (relating to computation of annuities) is amended— (1) by striking out "5 consecutive years" and inserting in lieu thereof "3 consecutive years", and (2) by striking out "37 y2" and inserting in lieu thereof "40". (b) COST-OF-LIVING ADJUSTMENTS.—Section 7448 (relating to annuities to surviving spouses and dependent children of judges) is amended by redesignating subsection (s) as subsection (t), and by inserting after subsection (r) the following new subsection:

26 USC 7448.

"(s) INCREASES ATTRIBUTABLE TO INCREASED PAY.—Whenever the

salary of a judge under section 7443(c) is increased, each annuity payable from the survivors annuity fund which is based, in whole or in part, upon a deceased judge having rendered some portion of his or her final 18 months of service as a judge of the Tax Court, shall also be increased. The amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each full 5 percent by which such salary has been increased." (c) CATCHUP FOR SURVIVORS ANNUITIES IN PAY STATUS ON DATE OF 26 USC 7448 ENACTMENT.—If an annuity payable under section 7448(h) of the "°*® Internal Revenue Code of 1954 (relating to entitlement to annuity) to the surviving spouse of a judge of the United States Tax Court is being paid on the date of the enactment of this Act, then the amount of that annuity shall be adjusted, as of the first day of the first month beginning more than 30 days after such date, to reflect the amount of the annuity which would have been payable if the

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