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 73

118 STAT. 1520

PUBLIC LAW 108–357—OCT. 22, 2004

(b) REPORT.—Not later than June 30, 2005, the Secretary shall
submit to the Congress a report of the study conducted under
this section, including specific recommendations as to how to
improve the provisions of such Code applicable to earnings stripping.

TITLE V—DEDUCTION OF STATE AND
LOCAL GENERAL SALES TAXES
SEC. 501. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES
IN LIEU OF STATE AND LOCAL INCOME TAXES.

(a) IN GENERAL.—Subsection (b) of section 164 (relating to
definitions and special rules) is amended by adding at the end
the following:
‘‘(5) GENERAL SALES TAXES.—For purposes of subsection
(a)—
‘‘(A) ELECTION TO DEDUCT STATE AND LOCAL SALES
TAXES IN LIEU OF STATE AND LOCAL INCOME TAXES.—
‘‘(i) IN GENERAL.—At the election of the taxpayer
for the taxable year, subsection (a) shall be applied—
‘‘(I) without regard to the reference to State
and local income taxes, and
‘‘(II) as if State and local general sales taxes
were referred to in a paragraph thereof.
‘‘(B) DEFINITION OF GENERAL SALES TAX.—The term
‘general sales tax’ means a tax imposed at one rate with
respect to the sale at retail of a broad range of classes
of items.
‘‘(C) SPECIAL RULES FOR FOOD, ETC.—In the case of
items of food, clothing, medical supplies, and motor
vehicles—
‘‘(i) the fact that the tax does not apply with respect
to some or all of such items shall not be taken into
account in determining whether the tax applies with
respect to a broad range of classes of items, and
‘‘(ii) the fact that the rate of tax applicable with
respect to some or all of such items is lower than
the general rate of tax shall not be taken into account
in determining whether the tax is imposed at one
rate.
‘‘(D) ITEMS TAXED AT DIFFERENT RATES.—Except in the
case of a lower rate of tax applicable with respect to an
item described in subparagraph (C), no deduction shall
be allowed under this paragraph for any general sales
tax imposed with respect to an item at a rate other than
the general rate of tax.
‘‘(E) COMPENSATING USE TAXES.—A compensating use
tax with respect to an item shall be treated as a general
sales tax. For purposes of the preceding sentence, the term
‘compensating use tax’ means, with respect to any item,
a tax which—
‘‘(i) is imposed on the use, storage, or consumption
of such item, and
‘‘(ii) is complementary to a general sales tax, but
only if a deduction is allowable under this paragraph

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PUBLIC LAW 108–357—OCT. 22, 2004

118 STAT. 1521

with respect to items sold at retail in the taxing jurisdiction which are similar to such item.
‘‘(F) SPECIAL RULE FOR MOTOR VEHICLES.—In the case
of motor vehicles, if the rate of tax exceeds the general
rate, such excess shall be disregarded and the general
rate shall be treated as the rate of tax.
‘‘(G) SEPARATELY STATED GENERAL SALES TAXES.—If the
amount of any general sales tax is separately stated, then,
to the extent that the amount so stated is paid by the
consumer (other than in connection with the consumer’s
trade or business) to the seller, such amount shall be
treated as a tax imposed on, and paid by, such consumer.
‘‘(H) AMOUNT OF DEDUCTION MAY BE DETERMINED
UNDER TABLES.—
‘‘(i) IN GENERAL.—At the election of the taxpayer
for the taxable year, the amount of the deduction
allowed under this paragraph for such year shall be—
‘‘(I) the amount determined under this paragraph (without regard to this subparagraph) with
respect to motor vehicles, boats, and other items
specified by the Secretary, and
‘‘(II) the amount determined under tables prescribed by the Secretary with respect to items
to which subclause (I) does not apply.
‘‘(ii) REQUIREMENTS FOR TABLES.—The tables prescribed under clause (i)—
‘‘(I) shall reflect the provisions of this paragraph,
‘‘(II) shall be based on the average consumption by taxpayers on a State-by-State basis (as
determined by the Secretary) of items to which
clause (i)(I) does not apply, taking into account
filing status, number of dependents, adjusted gross
income, and rates of State and local general sales
taxation, and
‘‘(III) need only be determined with respect
to adjusted gross incomes up to the applicable
amount (as determined under section 68(b)).
‘‘(I) APPLICATION OF PARAGRAPH.—This paragraph shall
apply to taxable years beginning after December 31, 2003,
and before January 1, 2006.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2003.

TITLE VI—FAIR AND EQUITABLE
TOBACCO REFORM
SEC. 601. SHORT TITLE.

26 USC 164 note.

Fair and
Equitable
Tobacco Reform
Act of 2004.
7 USC 518 note.

This title may be cited as the ‘‘Fair and Equitable Tobacco
Reform Act of 2004’’.

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