WILLIAM DONALD SCHAEFER, Governor                    Ch. 178

1.  TAX EXEMPT UNDER § 501 OF THE INTERNAL
REVENUE CODE; AND

2.  ORGANIZED AND OPERATED TO PROVIDE AND
DISTRIBUTE FOOD FREE OF CHARGE TO NEEDY INDIVIDUALS, INCLUDING
UNEMPLOYED AND LOW INCOME INDIVIDUALS.

(IV) "WHOLESALE MARKET VALUE" MEANS THE VALUE
OF DONATED FARM PRODUCTS BASED ON THE WHOLESALE MARKET PRICE OF
THE FARM PRODUCT IN THE NEAREST REGIONAL MARKET DURING THE
CALENDAR WEEK IN WHICH THE DONATION IS MADE, DETERMINED WITHOUT
CONSIDERATION OF GRADE OR QUALITY OF THE PRODUCT, AS IF THE
QUANTITY OF THE PRODUCT DONATED WERE MARKETABLE.

(2) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS
SECTION INCLUDES THE AMOUNT BY WHICH:

(I) THE WHOLESALE MARKET VALUE, DETERMINED AS
OF THE DATE OF THE DONATION, OF FARM PRODUCTS DONATED BY AN
INDIVIDUAL DURING THE TAXABLE YEAR TO A GLEANING COOPERATIVE;
EXCEEDS

(II) THE AMOUNT ATTRIBUTABLE TO THE DONATED
FARM PRODUCTS THAT THE INDIVIDUAL CLAIMS AS A DEDUCTION FOR A
CHARITABLE CONTRIBUTION UNDER § 170 OF THE INTERNAL REVENUE CODE.

(3) TO QUALIFY FOR THE SUBTRACTION UNDER PARAGRAPH
(2) OF THIS SUBSECTION, AN INDIVIDUAL SHALL FILE WITH THE
INDIVIDUAL'S INCOME TAX RETURN:

(I) A WRITTEN STATEMENT FROM THE GLEANING
COOPERATIVE THAT RECEIVES THE FARM PRODUCTS THAT CERTIFIES:

1. THE QUANTITY OF THE DONATED FARM
PRODUCTS RECEIVED; AND

2. THAT THE DONATED FARM PRODUCTS WILL BE
USED EXCLUSIVELY TO PROVIDE FREE FOOD TO NEEDY INDIVIDUALS AND
WILL NOT BE TRANSFERRED IN EXCHANGE FOR MONEY, OTHER PROPERTY, OR
SERVICES; AND

(II)  A WRITTEN STATEMENT FROM THE MARYLAND
DEPARTMENT OF AGRICULTURE, USING SUCH MARKET DATA AS IS DEEMED
SUITABLE BY THE SECRETARY OF THAT DEPARTMENT, THAT CERTIFIES THE
WHOLESALE MARKET VALUE OF THE DONATED FARM PRODUCTS.

(H) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(II) "AMORTIZABLE BASIS" MEANS THE PART OF THE
BASIS ATTRIBUTABLE TO AMOUNTS SPENT FOR THE REHABILITATION OF A
CERTIFIED NONDEPRECIABLE HISTORIC STRUCTURE THAT IS CONSISTENT

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