S. 240Senate108th Congress (2003-2005)In Committee

A bill to amend the Internal Revenue Code of 1986 to allow allocation of small ethanol producer credit to patrons of cooperative, and for other purposes.

Introduced January 29, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1746)

January 29, 2003

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SenateIntro Referral

Introduced in Senate

January 29, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1745-1746)

January 29, 2003

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1746)

January 29, 2003

Floor Debate

10 members

What members said about S. 240 on the floor

4 Republicans6 Democrats
Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jan 29, 2003

Mr. President, I rise today to support the Coastal Zone Enhancement Reauthorization Act of 2003. I am pleased to have bipartisan support for this bill and to be joined by the chair and ranking…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jan 29, 2003

Mr. President, I rise today to introduce again legislation to eliminate one of the great inconsistencies in the Internal Revenue Code. The bill I am introducing today with Senator Bennett is designed…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jan 29, 2003

Mr. President, I rise today to reintroduce two bills that I originally sponsored in the 107th Congress. As our Nation prepares to go to war with Iraq and continues the war against terrorism, my bills…

John B. Breaux
Sen. John B. BreauxD-LA · Jan 29, 2003

Mr. President, I am pleased to rise today to join Senator Snowe as an original cosponsor of the Harmful Algal Bloom and Hypoxia Amendments Act of 2003. The Gulf of Mexico has a serious hypoxia…

Jack Reed
Sen. Jack ReedD-RI · Jan 29, 2003

Mr. President, today I rise to introduce that Museum and Library Services Act of 2003. I am pleased to be joined by Senators Kennedy, Cochran, Collins, Snowe, Smith, Daschle, Jeffords, Dodd, Harkin,…

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Peter Fitzgerald
Sen. Peter FitzgeraldR-IL · Jan 29, 2003

Mr. President, I rise today to introduce legislation that would extend the 10-cents-per-gallon small ethanol producers' tax credit to small farmer-owned cooperatives. The measure, if approved by…

Peter Fitzgerald
Sen. Peter FitzgeraldR-IL · Jan 29, 2003

Mr. President, I rise today to introduce legislation that would extend the 10-cents-per-gallon small ethanol producers' tax credit to small farmer-owned cooperatives. The measure, if approved by…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jan 29, 2003

Mr. President, it is an honor to join Senator Frist in introducing the Trauma Care Systems Planning and Development Act. Our goal in this bipartisan legislation is to enable all States to develop…

William H. Frist
Sen. William H. FristR-TN · Jan 29, 2003

Mr. President, each year, nearly one of every four Americans are injured and require medical attention. Among Americans younger than age 44, trauma is the leading killer. While injury prevention…

Bill Nelson
Sen. Bill NelsonD-FL · Jan 29, 2003

Mr. President, I rise to re-introduce legislation that would close a serious loophole in the current law regulating background checks of alien flight school applicants. This legislation was passed by…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Jan 29, 2003

Mr. President, today, along with Senator Lautenberg, I am introducing legislation, the Crossroads of the American Revolution National Heritage Area Act, to establish the Crossroads of the American…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 29, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 240 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 240

To amend the Internal Revenue Code of 1986 to allow allocation of small
ethanol producer credit to patrons of cooperative, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

January 29, 2003

Mr. Fitzgerald (for himself, Mr. Johnson, Mr. Hagel, and Mr. Harkin)
introduced the following bill; which was read twice and referred to the
Committee on Finance

_______________________________________________________________________

A BILL

To amend the Internal Revenue Code of 1986 to allow allocation of small
ethanol producer credit to patrons of cooperative, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SMALL ETHANOL PRODUCER CREDIT.

(a) Allocation of Alcohol Fuels Credit to Patrons of a
Cooperative.--Subsection (g) of section 40 of the Internal Revenue Code
of 1986 (relating to alcohol used as fuel) is amended by adding at the
end the following new paragraph:
``(6) Allocation of small ethanol producer credit to
patrons of cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a)(3) for the taxable year
may, at the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or
value of business done with or for such patrons
for the taxable year.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to patrons under
subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year,
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of each patron for which the patronage
dividends for the taxable year described in
subparagraph (A) are included in gross income,
and
``(iii) shall be included in gross income
of such patrons for the taxable year in the
manner and to the extent provided in section
87.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization determined under subsection
(a)(3) for a taxable year is less than the amount of
such credit shown on the return of the cooperative
organization for such year, an amount equal to the
excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
patrons under subparagraph (A) for the taxable
year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter
or for purposes of section 55.''.
(b) Improvements to Small Ethanol Producer Credit.--
(1) Definition of small ethanol producer.--Section 40(g) of
such Code (relating to definitions and special rules for
eligible small ethanol producer credit) is amended by striking
``30,000,000'' each place it appears and inserting
``60,000,000''.
(2) Small ethanol producer credit not a passive activity
credit.--Clause (i) of section 469(d)(2)(A) of such Code is
amended by striking ``subpart D'' and inserting ``subpart D,
other than section 40(a)(3),''.
(3) Allowing credit against entire regular tax and minimum
tax.--
(A) In general.--Subsection (c) of section 38 of
such Code (relating to limitation based on amount of
tax) is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Special rules for small ethanol producer credit.--
``(A) In general.--In the case of the small ethanol
producer credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) the amounts in subparagraphs
(A) and (B) thereof shall be treated as
being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the small
ethanol producer credit).
``(B) Small ethanol producer credit.--For purposes
of this subsection, the term `small ethanol producer
credit' means the credit allowable under subsection (a)
by reason of section 40(a)(3).''.
(B) Conforming amendments.--Subclause (II) of
section 38(c)(2)(A)(ii) and subclause (II) of section
38(c)(3)(A)(ii) are each amended by inserting ``or the
small ethanol producer credit'' after ``employee
credit''.
(4) Small ethanol producer credit not added back to income
under section 87.--Section 87 of such Code (relating to income
inclusion of alcohol fuel credit) is amended to read as
follows:

``SEC. 87. ALCOHOL FUEL CREDIT.

``Gross income includes an amount equal to the sum of--
``(1) the amount of the alcohol mixture credit determined
with respect to the taxpayer for the taxable year under section
40(a)(1), and
``(2) the alcohol credit determined with respect to the
taxpayer for the taxable year under section 40(a)(2).''.
(c) Conforming Amendment.--Section 1388 of such Code (relating to
definitions and special rules for cooperative organizations) is amended
by adding at the end the following new subsection:
``(k) Cross Reference.--For provisions relating to the
apportionment of the alcohol fuels credit between cooperative
organizations and their patrons, see section 40(g)(6).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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