I 

111TH CONGRESS 

2D SESSION H. R. 5273 

To amend the Internal Revenue Code of 1986 to extend certain tax benefits 

relating to certain disasters. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2010 

Mr. LANGEVIN (for himself and Mr. KENNEDY) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

certain tax benefits relating to certain disasters. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Disaster Tax 

5 Extenders Act’’. 

6 SEC. 2. CASUALTY LOSS DEDUCTION FOR DISASTER LOSS 

7 ALLOWED WHETHER OR NOT TAXPAYER 

8 ITEMIZES OTHER DEDUCTIONS. 

9 (a) IN GENERAL.—Subsection (a) of section 62 of 

10 such Code (defining adjusted gross income) is amended 


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1 by inserting after paragraph (21) the following new para2 graph: 

3 ‘‘(22) DISASTER LOSSES.—The deduction al4 lowed by section 165 for any loss attributable to a 

5 disaster occurring— 

6 ‘‘(A) in an area subsequently determined 

7 by the President to warrant assistance by the 

8 Federal Government under the Robert T. Staf9 ford Disaster Relief and Emergency Assistance 

10 Act, and 

11 ‘‘(B) before January 1, 2011.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to losses sustained after December 

14 31, 2009, by individuals residing in areas warranting as15 sistance as determined by the President after such date. 

16 SEC. 3. DEDUCTIBILITY OF PERSONAL CASUALTY LOSSES 

17 ATTRIBUTABLE TO FEDERALLY DECLARED 

18 DISASTERS. 

19 (a) IN GENERAL.—Subclause (I) of section 

20 165(h)(3)(B)(i) is amended by striking ‘‘January 1, 

21 2010’’ and inserting ‘‘January 1, 2011’’. 

22 (b) EFFECTIVE DATE.—Except as otherwise provided 

23 in this subsection, the amendments made by this section 

24 shall apply to losses attributable to disasters occurring 

25 after December 31, 2009. 


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1 SEC. 4. EXPENSING OF CERTAIN QUALIFIED DISASTER EX2 PENSES. 

3 (a) IN GENERAL.—Subparagraph (A) of section 

4 198A(b)(2) is amended by striking ‘‘January 1, 2010’’ 

5 and inserting ‘‘January 1, 2011’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to expenditures on account of dis8 asters occurring after December 31, 2009. 

9 SEC. 5. FIVE-YEAR CARRYBACK OF NET OPERATING 

10 LOSSES ATTRIBUTABLE TO FEDERALLY DE11 CLARED DISASTERS. 

12 (a) IN GENERAL.—Subclause (I) of section 

13 172(j)(1)(A)(i) is amended by striking ‘‘January 1, 2010’’ 

14 and inserting ‘‘January 1, 2011’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 this section shall apply to losses attributable to disasters 

17 occurring after December 31, 2009. 

18 SEC. 6. EXPENSING AND SPECIAL DEPRECIATION ALLOW19 ANCE FOR QUALIFIED DISASTER ASSISTANCE 

20 PROPERTY. 

21 (a) IN GENERAL.—Subclause (I) of section 

22 168(n)(2)(A)(ii) is amended by striking ‘‘January 1, 

23 2010’’ and inserting ‘‘January 1, 2011’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to disasters occurring after Decem3 ber 31, 2009. 

Æ 


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