II
117th CONGRESS
2d Session
S. 4666
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Mrs. Feinstein (for herself, Mr. Padilla, and Mr. Hickenlooper) 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 establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages.
Above the line deduction for attorney fees relating to awards for property damage due to certain wildfires
In general
Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph:
Attorney fees and court costs relating to awards with respect to certain wildfires
In general
Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim.
Qualifying wildfire disaster
For purposes of subparagraph (A), the term qualifying wildfire disaster means any forest or range fire that—
is a federally declared disaster (as defined in section 165(i)(5)(A)),
occurs in a disaster area (as defined in section 165(i)(5)(B)), and
occurs in calendar year 2015 or later.
.
Effective date
The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020.
Exclusion of certain wildfire settlement proceeds from gross income
In general
Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section:
Certain wildfire settlement proceeds
In general
Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)).
Qualified settlement fund
The term qualified settlement fund has the meaning given such term in Treasury Regulation 1.468B–1.
.
Clerical amendment
The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item:
.
Effective date
The amendment made by this section shall apply to amounts paid after May 31, 2020.