State Of New York et al v. Mnuchin et al

Filing 47

DECLARATION of Owen T. Conroy in Support re: 44 CROSS MOTION for Summary Judgment .. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106)(Conroy, Owen)

Exhibit 56

90 STAT. 1836
26 OSC 8001
note
'

PUBLIC LAW 94-455—OCT. 4, 1976
(5) All references in any other statute, or in any rule, regulation, or order, to the Joint Committee on Internal Revenue Taxation shall be considered to be made to the Joint Committee on
Taxation,
(b) AMENDMENTS CONFORMING TO THE AMENDMENT OF SECTION
aooi.—
(1) The heading of subtitle G is amended by striking out
"Internal Revenue".

(2) The table of subtitles for the Internal Revenue Code of
1954 is amended by striking out the item relating to subtitle G
and inserting in lieu thereof the following:
"SUBTITLE

26 USC 8001
"""e26 USC 1 note.

G. The Joint Committee on Taxation.".

(c) EFFECTIVE DATE.—The amendments made bv this section shall
take effect on the first day of the first month which begins more than
90 days after the date of the enactment of this Act.
SEC 1908. EFFECTIVE DATE OF CERTAIN DEFINITIONS AND DESIGNATIONS
For purposes of any amendment made by any provision of this Act
(other than this title)—
(1) which contains a term the meaning of which is denned in or
modified by any provision of this title, and
(2) which has an effective date earlier than the effective date of
the provision of this title denning or modifying such term,
that definition or modification shall be considered to take effect as of
such earlier effective date.

Subtitle B—Amendments of Code Provisions
With Limited Current Application; Repeals
and Savings Provisions

26 USC 1.
26 USC 72.

26 USC 72 note.

26 USC 108.

SEC 1951. PROVISIONS OF SUBTITLE A.
(a) REFERENCES TO INTERNAL REVENUE CODE.—Except as otherwise
expressly provided, whenever in this section a reference is made to a
section or other provision^ the reference shall be considered to be made
to a section or other provision of thB Internal Revenue Code of 1954.
(b) AMENDMENTS.—
(1) AMENDMENT OF SECTION 72.—
(A) REPEAL.—Section 72 (relatinfi to annuities) is
amended by striking out subsection (i) (relating to joint and
survivor annuities where first annuitant died in 1951, 1952,
or 19S3).
(B) SAVINGS PROVISION.—Notwithstanding subparagraph
(A), if the provisions of section 72(i) applied to amounts
received in taxable years beginning before January 1, 1977,
under an annuity contract, then amounts received under such
contract on or after such date shall be treated as if such provisions were not repealed.
(2) AMENDMENTS OF SECTION IOS.—
(A) REPEAL.—Section 108 (relating to income from discharge of indebtedness) is amended by striking out subsection
(b) (relating to certain railroad corporations) and by striking out of subsection (a) the following: "(a) SPECIAL RULE
OF EXCLUSION.—".

PUBLIC LAW 94-455—OCT. 4, 1976
(B) S A VINOS PROVISION.—If any discharge, cancellation,
or modification of indebtedness of a railroad corporation
occurs in a taxable year beginning after December 31, 1976,
pursuant to an order of a court in a proceeding referred to in.
section 108(b) (A) or (B) which commenced before January 1, 1960, then, notwithstanding the amendments made by
subparagraph (A), the provisions of subsection (b) of section 108 shall be considered as not repealed with respect to
such discharge, cancellation, or modification of indebtedness.
(3) AMENDMENTS OF SECTION IG-I.—
(A) REPEAL.—Section 164 (relating to taxes) is amended
by striking out subsection (f) (relating to payments for
municipal services in atomic energy communities) and by
redesign at ing subsection (g) as subsection (f).
(B) SAVINGS PROVISION.—Notwithstanding subparagraph
(A), any amount paid or accrued in a taxable year beginning
after December SI, 1976, to the Atomic Energy Commission
or its successors for municipal-type services shall be allowed
as a deduction under section 164 if such amount would have
been deductible by reason of section 164(f) (as in effect for
a taxable year ending on December 31, 1976} and if the
amount is paid or accrued with respect to real property in
a community (within the meaning of section 21 b. of the
Atomic Energy Community Act of 1955 (42 TJ.S.C. 2304
(b))) in which the Commission on December 31, 1976, was
rendering municipal-type services for which it received compensation from the owners of property within such
community.
(4) REPEAL OF SECTION ies.—
(A) REPEAL.—Section 168 (relating to amortization of
emergency facilities) is repealed.
(B) SAVINGS PROVISION.-—Notwithstanding the repeal
made by subparagraph (A), if a certificate was issued before
January 1, 1960, with respect to an emergency facility which
is or has been placed in service before the date of the enactment of this Act, the provisions of section 168 shall not, with
respect to such facility, be considered repealed. The benefit
of deductions by reason of the preceding sentence shall be
allowed to estates and trusts in the same manner as in the
case of an individual. The allowable deduction shall be
apportioned between the income beneficiaries and the fiduciary in accordance with regulations prescribed under section
642(f).
(5) AMENDMENT OF SECT to N ITI.—
(A) REPEAL.—
(i) Section 171(b)(1)(B) (relating to amount of
bond premium) is amended by striking out clause (iii)
(relating to certain bonds acquired before 1958).
(ii) Section 171(b) (1) (B) (i) is amended by striking
out "clause (ii) or (iii) applies," and inserting in lieu
thereof "clause (ii) applies, or", and by inserting
"and" at the end thereof.
(iii) Section 171(b) (l)(B)(ii) is amended by striking out ", or" and inserting ", and" in lieu thereof.
(iv) The second sentence in section 171(b)(2) is
amended by striking out "or (iii)".

89-194 0-78—pi. 2

24

90 STAT. 1837
26 USC 108
""t^

26 USC 164.

26 USC 164
note-

26 USC 168.
26 USC 168
<>te.

a

26 USC 171.