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§68-2357.24.
§68-2357.24.
A. For taxable years beginning after December 31, 1994, there shall be
allowed a deduction from the taxable income of any resident taxpayer
who sells to this state any real property in which the taxpayer is the
record owner and which real property was the site of a historic battle
during the nineteenth century and is or has been designated a National
Historic Landmark. For purposes of this section, a "National Historic
Landmark" is a district, site, building, structure or object,
designated by the Secretary of the Interior as possessing national
significance in American history, archaeology, architecture,
engineering or culture.
B. The deduction allowed by this section shall be limited to fifty
percent (50%) of any capital gain the owner of the property receives
or realizes upon the sale of the property and shall be allowed for the
taxable year in which the sale occurred.
C. A husband and wife who file separate returns for a taxable year in
which they could have filed a joint return may each claim only
one-half (1/2) of the tax deduction that would have been allowed for a
joint return. If record title to the property is held in more than one
individual other than a husband and wife, each owner shall be allowed
the deduction in the same percentage as that individual's percentage
of ownership in the property. In no event shall the total deduction
allowed by this section exceed fifty percent (50%) in the taxable year
of the capital gain realized on the sale of the property.
D. Record title to the property subject to the provisions of this
section may be initially transferred or conveyed by the resident
taxpayer to a private, nonprofit organization if the organization
transfers or conveys record title to the property to this state within
one (1) year of the sale or transfer of the property from the resident
taxpayer to the organization. The private, nonprofit organization
shall not be entitled to the deduction provided by this section. If
record title is not transferred or conveyed to this state by the
private, nonprofit organization within the one-year period, the
resident taxpayer shall not be allowed the deduction.
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