S T A T E O F N E W Y O R K
________________________________________________________________________
3013
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
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Introduced by M. of A. McDONOUGH, McKEVITT, STEVENSON, MONTESANO, SALA-
DINO -- Multi-Sponsored by -- M. of A. CROUCH, KATZ, THIELE -- read
once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to adjusting the federal
adjusted gross income for personal income tax purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 39 to read as follows:
(39) IN THE CASE OF A SALE OF PROPERTY ACQUIRED FROM A DECEDENT WHO
DIED AT A TIME WHEN SECTION 1022 OF THE INTERNAL REVENUE CODE APPLIED
FOR FEDERAL INCOME TAX PURPOSES, THE GAIN OR LOSS ON SUCH SALE SHALL BE
ADJUSTED BY RECALCULATING THE BASIS OF SUCH PROPERTY WITHOUT CONSIDERING
SECTION 1022 OF THE INTERNAL REVENUE CODE AND APPLYING SECTION 1014 OF
THE INTERNAL REVENUE CODE AS IT WAS IN EFFECT ON DECEMBER THIRTY-FIRST,
TWO THOUSAND NINE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02108-01-3