[Federal Register: June 4, 2003 (Volume 68, Number 107)]
[Notices]
[Page 33443-33444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn03-46]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Texas Oak Wilt Suppression Program; Determination of Primary
Purpose of Certain Payments for Federal Tax Purposes
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of determination.
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SUMMARY: The Secretary of Agriculture has determined that cost-share
payments made to individuals under the State of Texas, Forest Service,
Oak Wilt Suppression Program, are made primarily for the purpose of
protecting and restoring the environment and improving forests. This
determination permits recipients to exclude all or part of certain
cost-share payments under this program from gross income for Federal
income tax purposes to the extent allowed by the Internal Revenue
Service.
DATES: The Secretary's determination was signed on May 22, 2003.
ADDRESSES: Questions may be addressed to Dr. Linda Wang, Texas Forest
Service, John B. Connally Bldg., 301 Tarrow, Suite 364, College
Station, TX 77840-78796. A copy of the determination is available upon
request.
FOR FURTHER INFORMATION CONTACT: Dr. Linda Wang, Texas Forest Service,
(979) 458-6650.
SUPPLEMENTARY INFORMATION: Section 126 of the Internal Revenue Code (26
U.S.C. 126, as amended) provides that all or part of certain payments
made to persons under State programs may be excluded from the
receipient's gross income for Federal income tax purposes under two
conditions: (1) If the Secretary of Agriculure determines that the
payments are made primarily for the purpose of conserving soil and
water resources, protecting or restoring the environment, improving
forests, or providing habitat for wildlife (the criteria for making
such a determination are set forth in 7 CFR part 14, Determining the
Primary Purpose of Certain Payments for Federal Tax Purposes), and (2)
If the payments are determined by the Secretary of the Treasury as not
increasing substantially the annual income derived from the property.
To make such a determination, the Secretary of Agriculture
evaluates a
[[Page 33444]]
cost-share conservation program based on the criteria set forth in 7
CFR part 14. Following a primary purpose determination by the Secretary
of Agriculture, the Secretary of the Treasury must determine that
payments made under the conservation program do not substantially
increase the annual income derived from the property benefited by the
payments.
Therefore, having carefully examined the authorizing legislation,
regulations, and operating procedures regarding the Texas Oak Wilt
Suppression Program, the Secretary of Agriculture, according to the
criteria set forth in 7 CFR part 14, has determined that the cost-share
payments made for planning and implementation of projects under the
Texas Oak Wilt Suppression Program are made primarily for the purpose
of conserving soil and water resources, improving forests, and
protecting and restoring the environment.
Subject to further determination by the Secretary of the Treasury
that payments made under the Texas Oak Wilt Suppression Program do not
substantially increase the annual income derived from the property
benefited by these payments, this determination by the Secretary of
Agriculture permits payment recipients to exclude from gross income for
Federal income tax purposes all or part of the cost-share payments made
under this program to the extent allowed by the Internal Revenue
Service.
Dated: May 22, 2003.
Ann M. Veneman,
Secretary of Agriculture.
[FR Doc. 03-13929 Filed 6-3-03; 8:45 am]
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