Conflict-of-Interest Divestiture Rollover

§ 1043. Sale of property to comply with conflict-of-interest requirements(a) Nonrecognition of gainIf 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) DefinitionsFor purposes of this section—(1) Eligible personThe 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 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 divestitureThe 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, 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 propertyThe 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) PurchaseThe 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 trustsFor 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).