Pub. L. 105-34, tit. IX, subtit. D, sec. 933
AVERAGING OF FARM INCOME OVER 3 YEARS.
SEC. 933. AVERAGING OF FARM INCOME OVER 3 YEARS. (a) In General.—Subchapter Q of chapter 1 (relating to readjustment of tax between years and special limitations) is amended by adding the following new part: “PART I—INCOME AVERAGING “Sec. 1301. Averaging of farm income. “SEC. 1301. AVERAGING OF FARM INCOME. “(a) In General.—At the election of an individual engaged in a farming business, the tax imposed by section 1 for such taxable year shall be equal to the sum of— “(1) a tax computed under such section on taxable income reduced by elected farm income, plus “(2) the increase in tax imposed by section 1 which would result if taxable income for each of the 3 prior taxable years were increased by an amount equal to one-third of the elected farm income. Any adjustment under this section for any taxable year shall be taken into account in applying this section for any subsequent taxable year. “(b) Definitions.—In this section— “(1) Elected farm income.— “(A) In general.—The term ‘elected farm income’ means so much of the taxable income for the taxable year— “(i) which is attributable to any farming business; and111 STAT. 882 “(ii) which is specified in the election under subsection (a). “(B) Treatment of gains.—For purposes of subparagraph (A), gain from the sale or other disposition of property (other than land) regularly used by the taxpayer in such a farming business for a substantial period shall be treated as attributable to such a farming business. “(2) Individual.—The term ‘individual’ shall not include any estate or trust. “(3) Farming business.—The term ‘farming business’ has the meaning given such term by section 263A(e)(4). “(c) Regulations.—The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations regarding— “(1) the order and manner in which items of income, gain, deduction, or loss, or limitations on tax, shall be taken into account in computing the tax imposed by this chapter on the income of any taxpayer to whom this section applies for any taxable year, and “(2) the treatment of any short taxable year.”. (b) Clerical Amendment.—The table of parts for such subchapter Q is amended by inserting before the item relating to part II the following new item: “Part 1. Income averaging.”. (c) Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997, and before January 1, 2001.