I 
112TH CONGRESS 
2D SESSION 
H. R. 5044 
To amend the Internal Revenue Code of 1986 to exclude from gross income 
any discharge of indebtedness income on education loans of deceased veterans. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2012 
Mr. DESJARLAIS (for himself, Mr. ROE of Tennessee, Mr. WEST, Mr. WALZ 
of Minnesota, Mrs. BLACKBURN, Mr. COOPER, Mr. HUNTER, Mr. DUN-
CAN of Tennessee, Mr. FINCHER, Mr. KLINE, Mr. FLEISCHMANN, Mr. 
MCKEON, and Mrs. BLACK) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to exclude 
from gross income any discharge of indebtedness income 
on education loans of deceased veterans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Andrew P. Carpenter 
Tax Act’’. 
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SEC. 2. DISCHARGE OF INDEBTEDNESS INCOME ON EDU-
CATION LOANS OF DECEASED VETERANS. 
(a) IN GENERAL.—Subsection (f) of section 108 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(5) DECEASED VETERANS.— 
‘‘(A) IN GENERAL.—In the case of an indi-
vidual, gross income shall not include any 
amount which (but for this paragraph) would 
be includible in gross income by reason of the 
discharge (in whole or in part) of any student 
loan described in subparagraph (B) if, at the 
time of such discharge, such individual is a vet-
eran who served on active duty in the Armed 
Forces of the United States, and is deceased as 
a result of a service-connected disability. 
‘‘(B) STUDENT
LOAN
DESCRIBED.—For 
purposes of subparagraph (A), a student loan 
described in this subparagraph is a loan that— 
‘‘(i) is made, insured, or guaranteed 
under title IV of the Higher Education Act 
of 1965, or 
‘‘(ii) is a private education loan (as 
defined in section 140(a)(7) of the Truth 
in Lending Act (15 U.S.C. 1650(a)(7))), 
made by an entity (other than an entity 
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described in paragraph (2)) to an indi-
vidual to assist the individual in attending 
an educational organization described in 
section 170(b)(1)(A)(ii). 
‘‘(C) SERVICE-CONNECTED
DISABILITY.— 
For purposes of subparagraph (A), the term 
‘service-connected disability’ has the meaning 
given such term by section 101(16) of title 38, 
United States Code.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to discharges of indebtedness oc-
curring on or after October 7, 2001. 
(c) WAIVER OF LIMITATION FOR CREDITS AND RE-
FUNDS ATTRIBUTABLE TO THIS ACT.—If the credit or re-
fund of any overpayment of tax resulting from the applica-
tion of the amendment made by subsection (a) to a period 
before the date of enactment of this Act is prevented as 
of such date by the operation of any law or rule of law 
(including res judicata), such credit or refund may never-
theless be allowed or made if the claim therefor is filed 
before the close of the 1-year period beginning on the date 
of the enactment of this Act. 
Æ 
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