H. R. 5044
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. Duncan of Tennessee, Mr. Fincher, Mr. Kline, Mr. Fleischmann, Mr. McKeon, and Mrs. Black) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to exclude from gross income any discharge of indebtedness income on education loans of deceased veterans.
This Act may be cited as the
Andrew P. Carpenter Tax
Discharge of indebtedness income on education loans of deceased veterans
Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
In the case of an individual, 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 veteran who served on active duty in the Armed Forces of the United States, and is deceased as a result of a service-connected disability.
Student loan described
For purposes of subparagraph (A), a student loan described in this subparagraph is a loan that—
is made, insured, or guaranteed under title IV of the Higher Education Act of 1965, or
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 described in paragraph (2)) to an individual to assist the individual in attending an educational organization described in section 170(b)(1)(A)(ii).
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.
The amendments made by this section shall apply to discharges of indebtedness occurring on or after October 7, 2001.
Waiver of limitation for credits and refunds attributable to this Act
If the credit or refund of any overpayment of tax resulting from the application 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 nevertheless 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.