WTF Emissions DELETES! The smelly Garbage can dumped on Motorsports! WTF

jyoung8607 said:

There must be something I'm missing. If a tuner is in there rewriting more than just tables, surely they have control of the OBD2 stack. What's to stop them reporting the very same calibration IDs and CVNs they were before?

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Jack@European_Parts said:

In addition to title 40 and 49.........Don't you look oh so forward to these in 18?
https://www.justice.gov/usam/crimin...removing-motor-vehicle-identification-numbers
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-25

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Good question -- to which I don't have an answer. Yet it would seem that most of them do not do this. In fact, I'm not sure any of them do.

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I'm not convinced that either of these are directly applicable.

Also think about it this way: If you're a tuner and you're going do stuff like mask out fault codes, kill off readiness tests, and so on (all of which are clearly illegal already), are ya really going to worry about faking some numbers reported via Mode 9?

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[h=1]18 U.S. Code § 514 - Fictitious obligations[/h]

• US Code
• Notes

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(a)Whoever, with the intent to defraud—(1)draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;

(2)passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or

(3)utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,

any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.

(b)For purposes of this section, any term used in this section that is defined in section 513(c) has the same meaning given such term in section 513(c).

(c)The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.

(Added Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 648(b)(1)], title II, § 2603(b)(1), Sept. 30, 1996, 110 Stat. 3009–314, 3009–367, 3009–470.)

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Jack@European_Parts said:

You sure........?

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Jack@European_Parts said:

Seriously?

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Jack@European_Parts said:

Pardon me.........
https://www.law.cornell.edu/uscode/text/18/514

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Oh for crying out loud Jack, ECU code isn't a "security or other financial instrument". You're totally misapplying this section of the USC.

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A scheme or "artifice" to defraud is not capable of precise definition, but generally is a plan or trick to deprive another of the intangible right of honest services or obtain, by false or fraudulent pretenses, representations, or promises, money or property from someone.

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18 U.S. Code § 1346 - Definition of “scheme or artifice to defraud”

• US Code

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For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

(Added Pub. L. 100–690, title VII, § 7603(a), Nov. 18, 1988, 102 Stat. 4508.)

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When you're purchasing real estate, you'll quickly hear a number of terms thrown around. Most people tend to assume that Property Deeds and titles are the same thing, but they actually refer to two separate legal concepts. When you own a property entirely, you will possess both the Deed and title. But a title is distinct from a Deed. Mixing the two up can cause problems if you don't know what you're using.

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42 USC 5415: Certification by manufacturer of conformity of manufactured home with standards; form and placement of certificationText contains those laws in effect on June 9, 2018From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 70-MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
Jump To:Source CreditCodificationAmendmentsEffective Date

§5415. Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification

Every manufacturer of manufactured homes shall furnish to the distributor or retailer at the time of delivery of each such manufactured home produced by such manufacturer certification that such manufactured home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such manufactured home.

(
Pub. L. 93–383, title VI, §616, Aug. 22, 1974, 88 Stat. 711 ;
Pub. L. 96–399, title III, §308(c)(4), Oct. 8, 1980, 94 Stat. 1641 ;
Pub. L. 97–35, title III, §339B(c), Aug. 13, 1981, 95 Stat. 417 ;
Pub. L. 106–569,title VI, §603(b)(4), Dec. 27, 2000, 114 Stat. 2999 .)Codification


References to "mobile homes", wherever appearing in text, changed to "manufactured homes" in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of
Pub. L. 96–399 requiring the substitution of "manufactured home" for "mobile home" wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of
Pub. L. 97–35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms "mobile home" and "manufactured home" shall be deemed to include the terms "mobile homes" and "manufactured homes", respectively.Amendments


2000-
Pub. L. 106–569 substituted "retailer" for "dealer".
1980-
Pub. L. 96–399 substituted "manufactured home" for "mobile home" wherever appearing.Effective Date of 2000 Amendment


Amendment by
Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of
Pub. L. 106–569, set out as a note under section 5401 of this title.

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The principle of conformity states that conformity to land use objectives contributes to economic stability in a residential community. This is why homes are built in the same style as the other properties in that same area, because the values will go up.

In areas that were not developed all at once or well not planned, individuals purchase vacant lots and set about building their own homes on those lots. Very often, these areas suffer from not having a sense of conformity. Some of the residents have a lot more money or differing ideas of beauty than the others, resulting in an eclectic mixture of properties with different sizes and designs in the area, hence hurting values.

Conformity is important in commercial areas also. The stores in an area should appeal to the same types of people in order to be successful. For example, it is no mystery why you tend to see Starbucks and Subway near each other more often than not. They tend to appeal to the same type of clientele—hungry people. So having both near each other makes a great deal of sense. There is a reason there is a food court in the mall.

It is important that the principle of conformity not be taken too far, however. Imagine if Starbucks was between two other coffee shops. Similarly, while it is preferable that a residential neighborhood should have similar types of homes, that similarity can become a bit much. When all the homes on the street are exactly the same, not only does not raise the value, but it also looks like a horror movie.

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[h=1]26 CFR 1.1033(g)-1 - Condemnation of real property held for productive use in trade or business or for investment.[/h]

• eCFR
• Authorities (U.S. Code)

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§ 1.1033(g)-1 Condemnation of real property held for productive use in trade or business or for investment.
(a)Special rule in general. This section provides special rules for applying section 1033 with respect to certain dispositions, occurring after December 31, 1957, of real property held either for productive use intrade or business or for investment (not including stock in trade or other property held primarily for sale). For this purpose, disposition means the seizure, requisition, or condemnation (but not destruction) of the converted property, or the sale or exchange of such property under threat or imminence of seizure, requisition, or condemnation. In such cases, for purposes of applying section 1033, the replacement of suchproperty with property of like kind to be held either for productive use in trade or business or for investmentshall be treated as property similar or related in service or use to the property so converted. For principles in determining whether the replacement property is property of like kind, see paragraph (b) of § 1.1031(a)-1.
(b)Election to treat outdoor advertising displays as real property -
(1)In general. Under section 1033(g)(3) of the Code, a taxpayer may elect to treat property which constitutes an outdoor advertising display as real property for purposes of chapter 1 of the Code. Theelection is available for taxable years beginning after December 31, 1970. In the case of an election made on or before July 21, 1981, the election is available whether or not the period for filing a claim for credit or refund under section 6511 has expired. No election may be made with respect to any property for which (i)the investment credit under section 38 has been claimed, or (ii) an election to expense certain depreciablebusiness assets under section 179(a) is in effect. The election once made applies to all outdoor advertising displays of the taxpayer which may be made the subject of an election under this paragraph, including all outdoor advertising displays acquired or constructed by the taxpayer in a taxable year after the taxable year for which the election is made. The election applies with respect to dispositions during the taxable year for which made and all subsequent taxable years (unless an effective revocation is made pursuant to paragraph (b)(2) (ii) or (iii)).
(2)Election -
(i)Time and manner of making election -
(A)In general. Unless otherwise provided in the return or in the instructions for a return for a taxable year, any election made under section 1033(g)(3) shall be made by attaching a statement to the return (or amended return if filed on or before July 21, 1981) for the first taxable year to which theelection is to apply. Any election made under this paragraph must be made not later than the time, including extensions thereof, prescribed by law for filing the income tax return for such taxable year or July 21, 1981, whichever occurs last. If a taxpayer makes an election (or revokes an election under subdivision (ii) or (iii) of this subparagraph (b) (2)) for a taxable year for which he or she has previously filed a return, the return for that taxable year and all other taxable years affected by theelection (or revocation) must be amended to reflect any tax consequences of the election (or revocation). However, no return for a taxable year for which the period for filing a claim for credit or refund under section 6511 has expired may be amended to make any changes other than thoseresulting from the election (or revocation). In order for the election (or revocation) to be effective, thetaxpayer must remit with the amended return any additional tax due resulting from the election (or revocation), notwithstanding the provisions of section 6212(c) or 6501 or the provisions of any other law which would prevent assessment or collection of such tax.
(B)Statement required when making election. The statement required when making the electionmust clearly indicate that the election to treat outdoor advertising displays as real property is being made.
(ii)Revocation of election by Commissioner's consent. Except as otherwise provided in paragraph (b)(2)(iii) of this section, an election under section 1033(g)(3) shall be irrevocable unless consent to revoke is obtained from the Commissioner. In order to secure the Commissioner's consent to revoke anelection, the taxpayer must file a request for revocation of election with the Commissioner of Internal Revenue, Washington, DC 20224. The request for revocation shall include -
(A) The taxpayer's name, address, and taxpayer identification number,
(B) The date on which and taxable year for which the election was made and the Internal Revenue Service office with which it was filed,
(C) Identification of all outdoor advertising displays of the taxpayer to which the revocation would apply (including the location, date of purchase, and adjusted basis in such property),
(D) The effective date desired for the revocation, and
(E) The reasons for requesting the revocation.
The Commissioner may require such other information as may be necessary in order to determine whether the requested revocation will be permitted. The Commissioner may prescribe administrative procedures (subject to such limitations, terms and conditions as he deems necessary) to obtain his consent to permit the taxpayer to revoke the election. The taxpayer may submit a request for revocation for any taxable yearfor which the period of limitations for filing a claim for credit or refund or overpayment of tax has not expired.
(iii)Revocation where election was made on or before December 11, 1979. In the case of anelection made on or before December 11, 1979, the taxpayer may revoke such election provided suchrevocation is made not later than March 23, 1981. The request for revocation shall be made in conformity with the requirements of paragraph (b)(2)(ii), except that, in lieu of the information required by paragraph (b)(2)(ii)(E), the taxpayer shall state that the revocation is being made pursuant to this paragraph. In addition, the taxpayer must forward, with the statement of revocation, copies of his or her tax returns, including both the original return and any amended returns, for the taxable year in which the original election was made and for all subsequent years and must remit any additional tax due as aresult of the revocation.
(3)Definition of outdoor advertising display. The term outdoor advertising display means a rigidly assembled sign, display, or device that constitutes, or is used to display, a commercial or other advertisement to the public and is permanently affixed to the ground or permanently attached to abuilding or other inherently permanent structure. The term includes highway billboards affixed to the ground with wood or metal poles, pipes, or beams, with or without concrete footings.
(4)Character of replacement property. For purposes of section 1033(g), an interest in real propertypurchased as replacement property for a compulsorily or involuntarily converted outdoor advertising display (with respect to which an election under this section is in effect) shall be considered property of a like kind as the property converted even though a taxpayer's interest in the replacement property is different from the interest held in the property converted. Thus, for example, a fee simple interest in real estate acquired to replace a converted billboard and a 5-year leasehold interest in the real property on which the billboard was located qualifies as property of a like kind under this section.
(c)Special rule for period within which property must be replaced. In the case of a dispositiondescribed in paragraph (a) of this section, section 1033(a)(2)(B) and § 1.1033(a)-2(c)(3) (relating to the period within which the property must be replaced) shall be applied by substituting 3 years for 2 years. This paragraph shall apply to any disposition described in section 1033(f)(1) and paragraph (a) of this section occurring after December 31, 1974, unless a condemnation proceeding with respect to the property was begun before October 4, 1976. Thus, regardless of when the property is disposed of, the taxpayer will not be eligible for the 3-year replacement period if a condemnation proceeding was begun before October 4, 1976. However, if the property is disposed of after December 31, 1974, and the condemnation proceeding was begun (if at all) after October 4, 1976, then the taxpayer is eligible for the 3-year replacement period. For the purposes of this paragraph, whether a condemnation proceeding is considered as having begun is determined under the applicable State or Federal procedural law.
(d)Limitation on application of special rule. This section shall not apply to the purchase of stock in theacquisition of control of a corporation described in section 1033(a)(2)(A).
(Secs. 1033 ( 90 Stat. 1920, 26 U.S.C. 1033), and 7805 (68A Stat. 917, 26 U.S.C. 7805))
[T.D. 6500, 25 FR 11910, Nov. 26, 1960; 25 FR 14021, Dec. 31, 1960. Redesignated and amended by T.D. 7625, 44 FR 31013, May 30, 1979; 44 FR 38458, July 2, 1979. Further redesignated and amended by T.D. 7758, 46 FR 6925, Jan. 22, 1981; T.D. 7758, 46 FR 23235, Apr. 24, 1981; T.D. 8121, 52 FR 414, Jan. 6,

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[h=1]26 U.S. Code § 1033 - Involuntary conversions[/h]

• US Code
• Notes
• IRS Rulings

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(a)General ruleIf property (as a result of its destruction in whole or in part, theft, seizure, or requisition or condemnation or threat or imminence thereof) is compulsorily or involuntarily converted—(1)Conversion into similar propertyInto property similar or related in service or use to the property so converted, no gain shall be recognized.


(2)Conversion into moneyInto money or into property not similar or related in service or use to the converted property, the gain (if any) shall be recognized except to the extent hereinafter provided in this paragraph:(A)Nonrecognition of gainIf the taxpayer during the period specified in subparagraph (B), for the purpose of replacing the property so converted, purchases other property similar or related in service or use to the property so converted, or purchasesstock in the acquisition of control of a corporation owning such other property, at the election of the taxpayer the gain shall be recognized only to the extent that the amount realized upon such conversion (regardless of whether such amount is received in one or more taxable years) exceeds the cost of such other property or such stock. Such election shall be made at such time and in such manner as the Secretary may by regulations prescribe. For purposes of this paragraph—(i)no property or stock acquired before the disposition of the converted property shall be considered to have been acquired for the purpose of replacing such converted property unless held by the taxpayer on the date of such disposition; and

(ii)the taxpayer shall be considered to have purchased property or stock only if, but for the provisions of subsection (b) of this section, the unadjusted basis of such property or stock would be its cost within the meaning of section 1012.


(B)Period within which property must be replacedThe period referred to in subparagraph (A) shall be the period beginning with the date of the disposition of the converted property, or the earliest date of the threat or imminence of requisition or condemnation of the converted property, whichever is the earlier, and ending—(i)2 years after the close of the first taxable year in which any part of the gain upon the conversion is realized, or

(ii)subject to such terms and conditions as may be specified by the Secretary, at the close of such later date as the Secretary may designate on application by the taxpayer. Such application shall be made at such time and in such manner as the Secretary may by regulations prescribe.


(C)Time for assessment of deficiency attributable to gain upon conversionIf a taxpayer has made the election provided in subparagraph (A), then—(i)the statutory period for the assessment of any deficiency, for any taxable year in which any part of the gain on such conversion is realized, attributable to such gain shall not expire prior to the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of the replacement of the converted property or of an intention not to replace, and

(ii)such deficiency may be assessed before the expiration of such 3–year period notwithstanding the provisions of section 6212(c) or the provisions of any other law or rule of law which would otherwise prevent such assessment.


(D)Time for assessment of other deficiencies attributable to electionIf the election provided in subparagraph (A) is made by the taxpayer and such other property or such stock was purchased before the beginning of the last taxable year in which any part of the gain upon such conversion is realized, any deficiency, to the extent resulting from such election, for any taxable year ending before such last taxable year may be assessed (notwithstanding the provisions of section 6212(c) or 6501 or the provisions of any other law or rule of law which would otherwise prevent such assessment) at any time before the expiration of the period within which a deficiency for such last taxable year may be assessed.


(E)DefinitionsFor purposes of this paragraph—(i)ControlThe term “control” means the ownership of stock possessing at least 80 percent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number of shares of all other classes of stock of the corporation.


(ii)Disposition of the converted propertyThe term “disposition of the converted property” means the destruction, theft, seizure, requisition, or condemnation of the converted property, or the sale or exchange of such property under threat or imminence of requisition or condemnation.





(b)Basis of property acquired through involuntary conversion(1)Conversions described in subsection (a)(1)If the property was acquired as the result of a compulsory or involuntary conversion described in subsection (a)(1), the basis shall be the same as in the case of the property so converted—(A)decreased in the amount of any money received by the taxpayer which was not expended in accordance with the provisions of law (applicable to the year in which such conversion was made) determining the taxable status of the gain or loss upon such conversion, and

(B)increased in the amount of gain or decreased in the amount of loss to the taxpayer recognized upon such conversion under the law applicable to the year in which such conversion was made.


(2)Conversions described in subsection (a)(2)In the case of property purchased by the taxpayer in a transaction described in subsection (a)(2) which resulted in the nonrecognition of any part of the gain realized as the result of a compulsory or involuntary conversion, the basis shall be the cost of such property decreased in the amount of the gain not so recognized; and if the property purchased consists of more than 1 piece of property, the basis determined under this sentence shall be allocated to the purchased properties in proportion to their respective costs.


(3)Property held by corporation the stock of which is replacement property(A)In generalIf the basis of stock in a corporation is decreased under paragraph (2), an amount equal to such decrease shall also be applied to reduce the basis of property held by the corporation at the time the taxpayer acquired control (as defined in subsection (a)(2)(E)) of such corporation.


(B)LimitationSubparagraph (A) shall not apply to the extent that it would (but for this subparagraph) require a reduction in the aggregate adjusted bases of the property of the corporation below the taxpayer’s adjusted basis of the stock in the corporation (determined immediately after such basis is decreased under paragraph (2)).


(C)Allocation of basis reductionThe decrease required under subparagraph (A) shall be allocated—(i)first to property which is similar or related in service or use to the converted property,

(ii)second to depreciable property (as defined in section 1017(b)(3)(B)) not described in clause (i), and

(iii)then to other property.


(D)Special rules(i)Reduction not to exceed adjusted basis of propertyNo reduction in the basis of any property under this paragraph shall exceed the adjusted basis of such property (determined without regard to such reduction).


(ii)Allocation of reduction among propertiesIf more than 1 property is described in a clause of subparagraph (C), the reduction under this paragraph shall be allocated among such property in proportion to the adjusted bases of such property (as so determined).





(c)Property sold pursuant to reclamation lawsFor purposes of this subtitle, if property lying within an irrigation project is sold or otherwise disposed of in order to conform to the acreage limitation provisions of Federal reclamation laws, such sale or disposition shall be treated as an involuntary conversion to which this section applies.


(d)Livestock destroyed by diseaseFor purposes of this subtitle, if livestock are destroyed by or on account of disease, or are sold or exchanged because of disease, such destruction or such sale or exchange shall be treated as an involuntary conversion to which this section applies.


(e)Livestock sold on account of drought, flood, or other weather-related conditions(1)In generalFor purposes of this subtitle, the sale or exchange of livestock (other than poultry) held by a taxpayer for draft, breeding, or dairy purposes in excess of the number the taxpayer would sell if he followed his usual business practices shall be treated as an involuntary conversion to which this section applies if such livestock are sold or exchanged by the taxpayer solely on account of drought, flood, or other weather-related conditions.


(2)Extension of replacement period(A)In generalIn the case of drought, flood, or other weather-related conditions described in paragraph (1) which result in the area being designated as eligible for assistance by the Federal Government, subsection (a)(2)(B) shall be applied with respect to any converted property by substituting “4 years” for “2 years”.


(B)Further extension by SecretaryThe Secretary may extend on a regional basis the period for replacement under this section (after the application of subparagraph (A)) for such additional time as the Secretary determines appropriate if the weather-related conditions which resulted in such application continue for more than 3 years.




(f)Replacement of livestock with other farm property in certain casesFor purposes of subsection (a), if, because of drought, flood, or other weather-related conditions, or soil contamination or other environmental contamination, it is not feasible for the taxpayer to reinvest the proceeds from compulsorily or involuntarily converted livestock in property similar or related in use to the livestock so converted, other property (including real property in the case of soil contamination or other environmental contamination) used for farming purposes shall be treated as property similar or related in service or use to the livestock so converted.


(g)Condemnation of real property held for productive use in trade or business or for investment(1)Special ruleFor purposes of subsection (a), if real property (not including stock in trade or other property held primarily for sale) held for productive use in trade or business or for investment is (as the result of its seizure, requisition, or condemnation, or threat or imminence thereof) compulsorily or involuntarily converted, property of a like kind to be held either for productive use in trade or business or for investment shall be treated as property similar or related in service or use to the property so converted.


(2)LimitationsParagraph (1) shall not apply to the purchase of stock in the acquisition of control of a corporation described in subsection (a)(2)(A).


(3)Election to treat outdoor advertising displays as real property(A)In generalA taxpayer may elect, at such time and in such manner as the Secretary may prescribe, to treat property which constitutes an outdoor advertising display as real property for purposes of this chapter. The election provided by this subparagraph may not be made with respect to any property with respect to which an election under section 179(a) (relating to election to expense certain depreciable business assets) is in effect.


(B)ElectionAn election made under subparagraph (A) may not be revoked without the consent of the Secretary.


(C)Outdoor advertising displayFor purposes of this paragraph, the term “outdoor advertising display” means a rigidly assembled sign, display, or device permanently affixed to the ground or permanently attached to a building or other inherently permanent structure constituting, or used for the display of, a commercial or other advertisement to the public.


(D)Character of replacement propertyFor purposes of this subsection, an interest in real property purchased as replacement property for a compulsorily or involuntarily converted outdoor advertising display defined in subparagraph (C) (and treated by the taxpayer as real property) shall be considered property of a like kind as the property converted without regard to whether the taxpayer’s interest in the replacement property is the same kind of interest the taxpayer held in the converted property.



(4)Special ruleIn the case of a compulsory or involuntary conversion described in paragraph (1), subsection (a)(2)(B)(i) shall be applied by substituting “3 years” for “2 years”.



(h)Special rules for property damaged by federally declared disasters(1)Principal residencesIf the taxpayer’s principal residence or any of its contents is located in a disaster area and is compulsorily or involuntarily converted as a result of a federally declared disaster—(A)Treatment of insurance proceeds(i)Exclusion for unscheduled personal propertyNo gain shall be recognized by reason of the receipt of any insurance proceeds for personal propertywhich was part of such contents and which was not scheduled property for purposes of such insurance.


(ii)Other proceeds treated as common fundIn the case of any insurance proceeds (not described in clause (i)) for such residence or contents—(I)such proceeds shall be treated as received for the conversion of a single item of property, and

(II)any property which is similar or related in service or use to the residence so converted (or contents thereof) shall be treated for purposes of subsection (a)(2) as property similar or related in service or use to such single item of property.



(B)Extension of replacement periodSubsection (a)(2)(B) shall be applied with respect to any property so converted by substituting “4 years” for “2 years”.



(2)Trade or business and investment propertyIf a taxpayer’s property held for productive use in a trade or business or for investment [1] located in a disaster area and is compulsorily or involuntarily converted as a result of a federally declared disaster, tangible property of a type held for productive use in a trade or business shall be treated for purposes of subsection (a) as property similar or related in service or use to the property so converted.


(3)Federally declared disaster; disaster areaThe terms “federally declared disaster” and “disaster area” shall have the respective meaning given such terms by section 165(i)(5).


(4)Principal residenceFor purposes of this subsection, the term “principal residence” has the same meaning as when used in section 121, except that such term shall include a residence not treated as a principal residence solely because the taxpayer does not own the residence.



(i)Replacement property must be acquired from unrelated person in certain cases(1)In generalIf the property which is involuntarily converted is held by a taxpayer to which this subsection applies, subsection (a) shall not apply if the replacement property or stock is acquired from a related person. The preceding sentence shall not apply to the extent that the related person acquired the replacement property or stock from an unrelated person during the period applicable under subsection (a)(2)(B).


(2)Taxpayers to which subsection appliesThis subsection shall apply to—(A)a C corporation,

(B)a partnership in which 1 or more C corporations own, directly or indirectly (determined in accordance with section 707(b)(3)), more than 50 percent of the capital interest, or profits interest, in such partnership at the time of the involuntary conversion, and

(C)any other taxpayer if, with respect to property which is involuntarily converted during the taxable year, the aggregate of the amount of realized gain on such property on which there is realized gain exceeds $100,000.

In the case of a partnership, subparagraph (C) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders.

(3)Related personFor purposes of this subsection, a person is related to another person if the person bears a relationship to the other person described in section 267(b) or 707(b)(1).



(j)Sales or exchanges under certain hazard mitigation programsFor purposes of this subtitle, if property is sold or otherwise transferred to the Federal Government, a State or local government, or an Indian tribal government to implement hazard mitigation under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as in effect on the date of the enactment of this subsection) or the National Flood Insurance Act (as in effect on such date), such sale or transfer shall be treated as an involuntary conversion to which this section applies.


(k)Cross references(1)For determination of the period for which the taxpayer has held property involuntarily converted, see section 1223.

(2)For treatment of gains from involuntary conversions as capital gains in certain cases, see section 1231(a).

(3)For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.


(Aug. 16, 1954, ch. 736, 68A Stat. 303; June 29, 1956, ch. 464, § 5(a), 70 Stat. 407; Pub. L. 85–866, title I, §§ 45, 46(a), Sept. 2, 1958, 72 Stat. 1641; Pub. L. 88–272, title II, § 206(b)(3), Feb. 26, 1964, 78 Stat. 40; Pub. L. 91–172, title IX, § 915(a), Dec. 30, 1969, 83 Stat. 723; Pub. L. 94–455, title XIX, §§ 1901(a)(128), 1906(b)(13)(A), title XXI, §§ 2127(a), 2140(a), Oct. 4, 1976, 90 Stat. 1785, 1834, 1920, 1932; Pub. L. 95–600, title IV, § 404(c)(4), title V, § 542(a), title VII, § 703(j)(5), Nov. 6, 1978, 92 Stat. 2870, 2888, 2941; Pub. L. 97–34, title II, § 202(d)(2), Aug. 13, 1981, 95 Stat. 221; Pub. L. 98–369, div. A, title IV, § 474(r)(24), July 18, 1984, 98 Stat. 844; Pub. L. 101–508, title XI, § 11813(b)(20), Nov. 5, 1990, 104 Stat. 1388–555; Pub. L. 103–66, title XIII, § 13431(a), Aug. 10, 1993, 107 Stat. 567; Pub. L. 104–7, § 3(a)(1), (b)(1), Apr. 11, 1995, 109 Stat. 94, 95; Pub. L. 104–188, title I, §§ 1119(a), (b), 1610(a), Aug. 20, 1996, 110 Stat. 1765, 1844; Pub. L. 105–34, title III, § 312(d)(1), (7), title IX, § 913(b), title X, § 1087(a), Aug. 5, 1997, 111 Stat. 839, 840, 878, 959; Pub. L. 108–311, title IV, § 408(a)(7)(C), Oct. 4, 2004, 118 Stat. 1191; Pub. L. 108–357, title III, § 311(a), (b), Oct. 22, 2004, 118 Stat. 1466, 1467; Pub. L. 109–7, § 1(b), Apr. 15, 2005, 119 Stat. 22; Pub. L. 110–343, div. C, title VII, § 706(a)(2)(D)(i)–(iii), Oct. 3, 2008, 122 Stat. 3922; Pub. L. 113–295, div. A, title II, §§ 211(c)(1)(A), 221(a)(27)(D), (77), Dec. 19, 2014, 128 Stat. 4033, 4041, 4049.)

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Jack@European_Parts said:

[h=1]https://www.bbc.com/news/business-44583695

How the Audi boss was finally emitted[/h]

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Better be careful with your company.....someone is going to take a very big tumble.

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Jack@European_Parts said:

http://www.mondaq.com/unitedstates/...t+Cases+For+Aftermarket +Parts+Manufacturers
United States: EPA Signals More Enforcement Cases For Aftermarket Parts Manufacturers


More stuff coming real soon......... you ain't seen shit!

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The EPA and Department of Justice have reached a settlement with Derive Systems, maker of "Bully Dog" and "SCT" tuning software, over the manufacturing of emissions defeat devices found to be in violation of the Clean Air Act. Derive will have to pay a fine of $300,000 on top of spending $6.25 million to bring the company and its tuning products up to standards.

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