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26 U.S.C. § 1043 — Sale of property to comply with conflict-of-interest requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecognition of gain** If an eligible person sells any property pursuant to a certificate of divestiture, at the election of the taxpayer, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds the cost (to the extent not previously taken into account under this subsection) of any permitted property purchased by the taxpayer during the 60-day period beginning on the date of such sale.
**(b) Definitions** For purposes of this section—
(1) **Eligible person** — The term “eligible person” means—
(A) an officer or employee of the executive branch, or a judicial officer, of the Federal Government, but does not mean a special Government employee as defined in [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim), United States Code, and
(B) any spouse or minor or dependent child whose ownership of any property is attributable under any statute, regulation, rule, judicial canon, or executive order referred to in paragraph (2) to a person referred to in subparagraph (A).
(2) **Certificate of divestiture** — The term “certificate of divestiture” means any written determination—
(A) that states that divestiture of specific property is reasonably necessary to comply with any Federal conflict of interest statute, regulation, rule, judicial canon, or executive order (including [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim), United States Code), or requested by a congressional committee as a condition of confirmation,
(B) that has been issued by the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employ
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Source file: Laws/federal/codes/united-states-code/title-26/section-1043-sale-of-property-to-comply-with-conflict-of-interest-requirements--36baea6c51.md
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Source location: Title 26, Chapter 1, § 1043; chapter-001-normal-taxes-and-surtaxes.md
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**(a) Nonrecognition of gain** If an eligible person sells any property pursuant to a certificate of divestiture, at the election of the taxpayer, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds the cost (to the extent not previously taken into account under this subsection) of any permitted property purchased by the taxpayer during the 60-day period beginning on the date of such sale.
**(b) Definitions** For purposes of this section—
(1) **Eligible person** — The term “eligible person” means—
(A) an officer or employee of the executive branch, or a judicial officer, of the Federal Government, but does not mean a special Government employee as defined in [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim), United States Code, and
(B) any spouse or minor or dependent child whose ownership of any property is attributable under any statute, regulation, rule, judicial canon, or executive order referred to in paragraph (2) to a person referred to in subparagraph (A).
(2) **Certificate of divestiture** — The term “certificate of divestiture” means any written determination—
(A) that states that divestiture of specific property is reasonably necessary to comply with any Federal conflict of interest statute, regulation, rule, judicial canon, or executive order (including [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim), United States Code), or requested by a congressional committee as a condition of confirmation,
(B) that has been issued by the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employees, or by the Judicial Conference of the United States (or its designee), in the case of judicial officers, and
(C) that identifies the specific property to be divested.
(3) **Permitted property** — The term “permitted property” means any obligation of the United States or any diversified investment fund approved by regulations issued by the Office of Government Ethics.
(4) **Purchase** — The taxpayer shall be considered to have purchased any permitted property if, but for subsection (c), the unadjusted basis of such property would be its cost within the meaning of section 1012.
(5) **Special rule for trusts** — For purposes of this section, the trustee of a trust shall be treated as an eligible person with respect to property which is held in the trust if—
(A) any person referred to in paragraph (1)(A) has a beneficial interest in the principal or income of the trust, or
(B) any person referred to in paragraph (1)(B) has a beneficial interest in the principal or income of the trust and such interest is attributable under any statute, regulation, rule, judicial canon, or executive order referred to in paragraph (2) to a person referred to in paragraph (1)(A).
(6) **Judicial officer** — The term “judicial officer” means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals, United States district courts, including the district courts in Guam, the Northern Mariana Islands, and the Virgin Islands, Court of Appeals for the Federal Circuit, Court of International Trade, Tax Court, Court of Federal Claims, Court of Appeals for Veterans Claims, United States Court of Appeals for the Armed Forces, and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.
**(c) Basis adjustments** If gain from the sale of any property is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any permitted property which is purchased by the taxpayer during the 60-day period described in subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Proper adjustment in respect of the property shall in all cases be made—
(1) for expenditures, receipts, losses, or other items, properly chargeable to capital account, but no such adjustment shall be made—
(A) for—
(i) taxes or other carrying charges described in section 266; or
(ii) expenditures described in section 173 (relating to circulation expenditures),
for which deductions have been taken by the taxpayer in determining taxable income for the taxable year or prior taxable years; or
(B) for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract;
(2) in respect of any period since February 28, 1913, for exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent of the amount—
(A) allowed as deductions in computing taxable income under this subtitle or prior income tax laws, and
(B) resulting (by reason of the deductions so allowed) in a reduction for any taxable year of the taxpayer’s taxes under this subtitle (other than chapter 2, relating to tax on self-employment income), or prior income, war-profits, or excess-profits tax laws,
but not less than the amount allowable under this subtitle or prior income tax laws. Where no method has been adopted under section 167 (relating to depreciation deduction), the amount allowable shall be determined under the straight line method. Subparagraph (B) of this paragraph shall not apply in respect of any period since February 28, 1913, and before January 1, 1952, unless an election has been made under section 1020 (as in effect before the date of the enactment of the Tax Reform Act of 1976). Where for any taxable year before the taxable year 1932 the depletion allowance was based on discovery value or a pe
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under [section 594(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section594/c&num=0&edition=prelim). Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be classified as a special Government employee. Notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to [section 20105 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. Such an officer who is voluntarily serving a period of extended active duty in excess of one hundr
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest—Shall be subject to the penalties set forth in [section 216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section216&num=0&edition=prelim).
**(b)** Subsection (a) shall not apply—
(1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the se
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 208
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director of the Congressional Budget Office may establish and conduct an executive exchange program under which employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, for 1-year periods to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office.
**(b) Limitations and conditions** The Director of the Congressional Budget Office shall—
(1) limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 5;
(2) limit the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 5;
(3) require that an employee of a private sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned; and
(4) approve employees to be detailed from the private sector without regard to political affiliation and solely on the basis of their fitness to perform their assigned duties.
**(c) Treatment of private employees** An employee of a private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of the Office for purposes of—
(1) chapter 73 of title 5;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(3) sections 1343, 1344, and 1349(b) of title 31;
(4) chapter 171 of title 28 (commonly referred to as the “Federal Tort Claims Act”) and any other Federal tort liability statute;
(5) chapter
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 612
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the Comptroller General decides are necessary to carry out the duties and powers of the Government Accountability Office.
**(b)** The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with [section 5401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5401&num=0&edition=prelim), as in effect on October 31, 1993.
**(c)** The annual rate of basic pay of the General Counsel of the Government Accountability Office is equal to the rate for level IV of the Executive Schedule.
**(d)** Repealed. Pub. L. 110–323, § 9(a)(1), Sept. 22, 2008, 122 Stat. 3548.]
**(e)** The Comptroller General may procure the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) at rates not in excess of the daily rate for level IV of the Executive Schedule, except that the services of not more than 20 experts and consultants may be procured for terms of not more than 3 years, but which shall be renewable.
**(f)** The Comptroller General shall prescribe regulations under which officers and employees of the Office may, in appropriate circumstances, be reimbursed for any relocation expenses under subchapter II of chapter 57 of title 5 for which they would not otherwise be eligible, but only if the Comptroller General determines that the transfer giving rise to such relocation is of sufficient benefit or value to the Office to justify such reimbursement.
**(g)** The Comptroller General shall prescribe regulations under which key officers and employees of the Office
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assignment Authority.—** On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who—
(1) works in the field of information technology management;
(2) is considered an exceptional performer by the individual’s current employer; and
(3) is expected to assume increased information technology management responsibilities in the future.
An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS–11 level or above (or equivalent) and is serving under a career or career-conditional appointment or an appointment of equivalent tenure in the excepted service, and applicable requirements of section 209(b) of the E-Government Act of 2002 are met with respect to the proposed assignment of such employee.
**(b) Agreements.—** Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee’s assignment. In the case of an employee of the agency, the agreement shall—
(1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and
(2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the assignment.
An amount under paragraph (2) shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An employee of a private sector organization assigned to an agency under this chapter is deemed, during the period of the assignment, to be on detail to such agency.
**(b) Terms and Conditions.—** An employee of a private sector organization assigned to an agency under this chapter—
(1) may continue to receive pay and benefits from the private sector organization from which he is assigned;
(2) is deemed, notwithstanding subsection (a), to be an employee of the agency for the purposes of—
(A) chapter 73;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(C) sections 1343, 1344, and 1349(b) of title 31;
(D) the Federal Tort Claims Act and any other Federal tort liability statute;
(E) chapter 131 of this title;
(F) section 1043 of the Internal Revenue Code of 1986; and
(G) chapter 21 of title 41;
(3) may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which he is assigned; and
(4) is subject to such regulations as the President may prescribe.
The supervision of an employee of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
**(c) Coordination With Chapter 81.—** An employee of a private sector organization assigned to an agency under this chapter who suffers disability or dies as a result of personal injury sustained while performin
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3704
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Federal law — U.S. Code and appendices · legal_authorities
Page 2291
TITLE 26—INTERNAL REVENUE CODE
§ 1043
Executive Documents
LINE ITEM VETO
Pub. L. 105–34, title IX, § 968, Aug. 5, 1997, 111 Stat. 895,
amending this section and enacting provisions set out
as a note above, was subject to line item veto by the
President, Cancellation No. 97–2, signed Aug. 11, 1997, 62
F.R. 43267, Aug. 12, 1997. For decision holding line item
veto unconstitutional, see Clinton v. City of New York,
524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).
§ 1043. Sale of property to comply with conflict-
of-interest requirements
(a) Nonrecognition of gain
If an eligible person sells any property pursu-
ant to a certificate of divestiture, at the elec-
tion of the taxpayer, gain from such sale shall
be recognized only to the extent that the
amount realized on such sale exceeds the cost
(to the extent not previously taken into account
under this subsection) of any permitted property
purchased by the taxpayer during the 60-day pe-
riod beginning on the date of such sale.
(b) Definitions
For purposes of this section—
(1) Eligible person
The term ‘‘eligible person’’ means—
(A) an officer or employee of the executive
branch, or a judicial officer, of the Federal
Government, but does not mean a special
Government employee as defined in section
202 of title 18, United States Code, and
(B) any spouse or minor or dependent child
whose ownership of any property is attrib-
utable under any statute, regulation, rule,
judicial canon, or executive order referred to
in paragraph (2) to a person referred to in
subparagraph (A).
(2) Certificate of divestiture
The term ‘‘certificate of divestiture’’ means
any written determination—
(A) that states that divestiture of specific
property is reasonably necessary to comply
with any Federal c
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 1043
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