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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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(2) The source, type, and in the case of public financial
disclosure reports the actual amount or value, of gross income
from a business, distributive share of a partnership, joint
business venture income, payments from an estate or an annuity or
endowment contract, or any other items of income not otherwise
covered by paragraphs (a) or (b)(1) of this section which are
received by the filer or accrued to his benefit during the
reporting period and which exceed $200 from any one source.
Example 1. An official rents out a portion of his
residence. He receives rental income of $600 from one individual
for four months and $1,200 from another individual for the
remaining eight months of the year covered by his incumbent
financial disclosure report. He must identify the property,
specify the type of income (rent), and if he is a public filer
indicate the category of the total amount of rent received. (He
must also disclose the asset information required by 2634.301 of
this subpart.)
Example 2. A reporting individual has three savings
accounts with Bank A. One is in his name and earned $85 in
interest during the reporting period. One is in a joint account
with his spouse and earned $120 in interest. One is in his name
and his dependent daughter's name and earned $35 in interest.
Since the aggregate interest income from this source exceeds
$200, the official must disclose the name of the bank, the type
of income, and if he is a public filer, the category of the total
amount of interest earned from all three accounts. (He must also
disclose the accounts as assets under 2634.301 of this subpart
if, in the aggregate, they total more than $5,000 in that bank.)
Example 3. An official has an ownership interest in a
fast-food restaurant, from which she receives $10,000 in annual
income. She must specify on her financial disclosure report the
type of income, such as partnership distributive share or gross
business income, and if she is a public filer indicate the actual
amount of such income. (Additionally, she must describe the
business and categorize its asset value, pursuant to 2634.301 of
this subpart).
[57 FR 11808, Apr. 7, 1992; 57 FR 21854, May 22, 1992]
2634.303 Purchases, sales, and exchanges.
(a) In general. Except as indicated in 2634.308(b) of this
subpart, each public financial disclosure report filed pursuant
to subpart B of this part shall include a brief description, the
date and value (using the categories of value in 2634.301(d) of
this subpart) of any purchase, sale, or exchange by the filer
during the reporting period, in which the amount involved in the
transaction exceeds $1,000:
(1) Of real property, other than a personal residence of
the filer or spouse, as defined in 2634.105(l) of this part; and
(2) Of stocks, bonds, commodity futures, mutual fund
shares, and other forms of securities.
(b) Exceptions. (1) Any transaction solely by and between
the reporting individual, his spouse, and dependent children need
not be reported under paragraph (a) of this section.
(2) Transactions involving Treasury bills, notes, and
bonds; money market mutual funds or accounts; and personal
savings accounts (as defined in 2634.301(c)(2) of this subpart)
need not be reported when occurring at rates, terms, and
conditions available generally to members of the public.
Likewise, transactions involving portfolio holdings of trusts and
investment funds described in 2634.310 (b) and (c) of this
subpart need not be reported.
(3) Any transaction which occurred at a time when the
reporting individual was not a Federal Government officer or
employee need not be reported under paragraph (a) of this
section.
Example 1. An official sells her personal residence in
Virginia for $100,000 and purchases a personal residence in the
District of Columbia for $200,000. She need not report the sale
of the Virginia residence or the purchase of the D.C. residence.
Example 2. An official sells his beach home in Maryland
for $50,000. Because he has rented it out for one month every
summer, it does not qualify as a personal residence. He must
disclose the sale under this section and any capital gain over
$200 realized on the sale under 2634.302 of this subpart.
Example 3. An official sells a ranch to his dependent
daughter. The official need not report the sale because it is a
transaction between the reporting individual and a dependent
child; however, any capital gain, except for that portion
attributable to a personal residence, is required to be reported
under 2634.302 of this subpart.
Example 4. An official sells an apartment building and
realizes a loss of $100,000. He must report the sale of the
building if the sale price of the property exceeds $1,000;
however, he need not report anything under 2634.302 of this
subpart, as the sale did not result in a capital gain.
[57 FR 11808, Apr. 7, 1992; 57 FR 21854, May 22, 1992]
2634.304 Gifts and reimbursements.
(a) Gifts. Except as indicated in 2634.308(b) and
2634.907(a), each financial disclosure report filed pursuant to
this part, whether public or confidential, shall contain the
identity of the source, a brief description, and in the case of
public financial disclosure reports the value, of all gifts
aggregating $250 or more in value which are received by the filer
during the reporting period from any one source. For in-kind
travel-related gifts, include a travel itinerary, dates, and
nature of expenses provided.
(b) Reimbursements. Except as indicated in 2634.308(b) and
2634.907(a), each financial disclosure report filed pursuant to
this part, whether public or confidential, shall contain the
identity of the source, a brief description (including a travel
itinerary, dates, and the nature of expenses provided), and in
the case of public financial disclosure reports the value, of any
travel-related reimbursements aggregating $250 or more in value,
which are received by the filer during the reporting period from
any one source.
Note: The $250 threshold in paragraphs (a) and (b) of
this section will increase if the definition of minimal value
under the Foreign Gifts and Decorations Act ever exceeds $250.
Section 314(a) of Public Law 102 - 90 established the threshold
for financial disclosure of gifts and reimbursements as ``more
than the minimal value as established by section 7342(a)(5) of
title 5, United States Code, or $250, whichever is greater.''
(c) Exclusions. Reports need not contain any information
about gifts and reimbursements to which the provisions of this
section would otherwise apply which are received from relatives
(see 2634.105(o)) or during a period in which the filer was not
an officer or employee of the Federal Government. Additionally,
any food, lodging, or entertainment received as ``personal
hospitality of any individual,'' as defined in 2634.105(k), need
not be reported. See also exclusions specified in the definitions
of gift and reimbursement, at 2634.105(h) and (n).
(d) Aggregation exception. Any gift or reimbursement with
a fair market value of $100 or less need not be aggregated for
purposes of the reporting rules of this section. However, the
acceptance of gifts, whether or not reportable, is subject to the
restrictions imposed by Executive Order 12674, as modified by
Executive Order 12731, and the implementing regulations on
standards of ethical conduct.
Note: The aggregation exception for gifts or
reimbursements with a fair market value of $100 or less will
increase if the definition of minimal value under the Foreign
Gifts and Decorations Act ever exceeds $250. Section 314(a) of
Public Law 102 - 90 established the aggregation exception for
``any gift with a fair market value of $100 or less, as adjusted
at the same time and by the same percentage as the minimal value
is adjusted'' above $250 pursuant to 5 U.S.C. 7342(a)(5).
Example 1. An official accepts