[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1678 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1678
To amend the Internal Revenue Code of 1986 to provide that a member of
the uniformed services or the Foreign Service shall be treated as using
a principal residence while away from home on qualified official
extended duty in determining the exclusion of gain from the sale of
such residence.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 2001
Mr. McCain (for himself, Mr. Allard, Mr. Lieberman, Ms. Snowe, Mr.
Levin, Mr. Murkowski, Mr. Cleland, Mr. Inhofe, Ms. Landrieu, Mr. Burns,
Mr. Durbin, Mr. Sessions, and Mr. DeWine) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide that a member of
the uniformed services or the Foreign Service shall be treated as using
a principal residence while away from home on qualified official
extended duty in determining the exclusion of gain from the sale of
such residence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Homeowners Equity Act''.
SEC. 2. MEMBER OF UNIFORMED SERVICE AND FOREIGN SERVICE TREATED AS
USING PRINCIPAL RESIDENCE WHILE AWAY FROM HOME ON
QUALIFIED OFFICIAL EXTENDED DUTY IN DETERMINING EXCLUSION
OF GAIN ON SALE OF SUCH RESIDENCE.
(a) In General.--Section 121(d) of the Internal Revenue Code of
1986 (relating to special rules) is amended by adding at the end the
following:
``(9) Determination of use during periods of qualified
official extended duty with uniformed service or foreign
service.--
``(A) In general.--A taxpayer shall be treated as
using property as a principal residence during any
period--
``(i) the taxpayer owns such property, and
``(ii) the taxpayer (or the taxpayer's
spouse) is serving on qualified official
extended duty as a member of a uniformed
service or of the Foreign Service,
but only if the taxpayer owned and used the property as
a principal residence for any period before the period
of qualified official extended duty.
``(B) Qualified official extended duty.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
official extended duty' means any period of
extended duty during which the member of a
uniformed service or the Foreign Service is
under a call or order compelling such duty at a
duty station which is a least 50 miles from the
property described in subparagraph (A) or
compelling residence in Government furnished
quarters while on such duty.
``(ii) Extended duty.--The term `extended
duty' means any period of active duty pursuant
to a call or order to such duty for a period in
excess of 90 days or for an indefinite period.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Uniformed service.--The term
`uniformed service' has the meaning given such
term by section 101(a)(5) of title 10, United
States Code.
``(ii) Foreign service of the united
states.--The term `member of the Foreign
Service' has the meaning given the term `member
of the Service' by paragraph (1), (2), (3),
(4), or (5) of section 103 of the Foreign
Service Act of 1980.''.
(b) Effective Date.--The amendment made by this section shall apply
to sales or exchanges on or after the date of the enactment of this
Act.
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