Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 311
; Sept. 2, 1958,
Pub. L. 85–866, title I, §48(a), 72 Stat. 1642
; Oct. 4, 1976,
Pub. L. 94–455, title XIX, §§1901(b)(31)(E), 1906(b)(13)(A), 90 Stat. 1800
, 1834, provided for nonrecognition on FCC certified sales and exchanges.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 104–7, §2(d), Apr. 11, 1995, 109 Stat. 93
, provided that:
"(1) In general.-The amendments made by this section [repealing this section and amending sections 1245 and 1250 of this title] shall apply to-
"(A) sales and exchanges on or after January 17, 1995, and
"(B) sales and exchanges before such date if the FCC tax certificate with respect to such sale or exchange is issued on or after such date.
"(2) Binding contracts.-
"(A) In general.-The amendments made by this section shall not apply to any sale or exchange pursuant to a written contract which was binding on January 16, 1995, and at all times thereafter before the sale or exchange, if the FCC tax certificate with respect to such sale or exchange was applied for, or issued, on or before such date.
"(B) Sales contingent on issuance of certificate.-
"(i) In general.-A contract shall be treated as not binding for purposes of subparagraph (A) if the sale or exchange pursuant to such contract, or the material terms of such contract, were contingent, at any time on January 16, 1995, on the issuance of an FCC tax certificate. The preceding sentence shall not apply if the FCC tax certificate for such sale or exchange is issued on or before January 16, 1995.
"(ii) Material terms.-For purposes of clause (i), the material terms of a contract shall not be treated as contingent on the issuance of an FCC tax certificate solely because such terms provide that the sales price would, if such certificate were not issued, be increased by an amount not greater than 10 percent of the sales price otherwise provided in the contract.
"(3) FCC tax certificate.-For purposes of this subsection, the term 'FCC tax certificate' means any certificate of the Federal Communications Commission for the effectuation of section 1071 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act [Apr. 11, 1995])."