BILL ANALYSIS H.C.R. 173 By: Counts May 10, 1995 Committee Report (Unamended) BACKGROUND In 1976, Congress added Section 170(e)(3), Internal Revenue Code, which offered a tax incentive for donations by corporations to charitable organizations serving the sick, needy, homeless, or infants. This incentive provides for a deduction equal to half the difference between the donor's cost and the fair market value of the donated product and can not exceed twice the cost. In West Texas, where a high percentage of the states food and fiber are produced, farmers have responded generously to this program. However, farmers whose businesses are not incorporated are not eligible for the tax deduction. PURPOSE HCR 173 urges the United States Congress to make revisions to Section 170(e)(3), Internal Revenue Code, to extend the charitable donation exemption to non-corporate farmers and other entities. SUMMARY OF COMMITTEE ACTION Public notice was posted in accordance with the rules, and a public hearing was held on May 9, 1995. Representative Counts explained the resolution. By a record vote of 7 ayes, 0 nays, 0 present not voting and 4 absent, the committee voted to report H.C.R. 173 to the House without amendment with the recommendation that it do pass.