[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 176 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 176
To amend the Internal Revenue Code of 1986 to establish a deduction for
attorney fees awarded with respect to certain wildfire damages and to
exclude from gross income settlement funds received with respect to
such damages.
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IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. LaMalfa (for himself, Mr. Thompson of California, Mr. McClintock,
and Mr. Huffman) introduced the following bill; which was referred to
the Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to establish a deduction for
attorney fees awarded with respect to certain wildfire damages and to
exclude from gross income settlement funds received with respect to
such damages.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO
AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES.
(a) In General.--Section 62(a) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(22) Attorney fees and court costs relating to awards
with respect to certain wildfires.--
``(A) In general.--Any deduction allowable under
this chapter for attorney fees and court costs paid by,
or on behalf of, the taxpayer in connection with any
award with respect to a qualifying wildfire disaster.
The preceding sentence shall not apply to any deduction
in excess of the amount includible in the taxpayer's
gross income for the taxable year on account of a
judgment or settlement (whether by suit or agreement
and whether as lump sum or periodic payments) resulting
from such claim.
``(B) Qualifying wildfire disaster.--For purposes
of subparagraph (A), the term `qualifying wildfire
disaster' means any forest or range fire that--
``(i) is a federally declared disaster (as
such term is defined in section 165(i)(5)(A)),
``(ii) occurs in a disaster area (as such
term is defined in section 165(i)(5)(B)), and
``(iii) occurs in calendar year 2015 or
later.''.
(b) Effective Date.--The amendment made by this section shall apply
to attorney fees and court costs awarded after May 31, 2020.
SEC. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS
INCOME.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139I the following new section:
``SEC. 139J. CERTAIN WILDFIRE SETTLEMENT PROCEEDS.
``(a) In General.--Gross income shall not include amounts paid by a
qualified settlement fund established to compensate victims for losses
or damages in connection with a qualifying wildfire disaster (as
defined in section 62(a)(22)(B)).
``(b) Qualified Settlement Fund.--The term `qualified settlement
fund' has the meaning given such term in Section 1.468B-1 of title 26,
Code of Federal Regulations.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139I the following new item:
``Sec. 139J. Certain wildfire settlement proceeds.''.
(c) Effective Date.--The amendment made by this section shall apply
to amounts paid after May 31, 2020.
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