loading…
loading…
loading…
TITLE 26-INTERNAL REVENUE CODE the taxpayer in connection with the perfor- mance by him of services as an employee. (D) Outside salesmen The deductions allowed by part VI (sec. 161 and following) which are attributable to a trade or business carried on by the tax- payer, if such trade or business consists of the performance of services by the taxpayer as an employee and if such trade or busi- ness is to solicit, away from the employer's place of business, business for the employer. (3) Long-term capital gains The deduction allowed by section 1202. (4) Losses from sale or exchange of property The deductions allowed by part VI (sec. 161 and following) as losses from the sale or ex- change of property. (5) Deductions attributable to rents and royalties The deductions allowed by part VI (sec. 161 and following), by section 212 (relating to ex- penses for production of income), and by sec- tion 611 (relating to depletion) which are at- tributable to property held for the production of rents or royalties. (6) Certain deductions of life tenants and income beneficiaries of property In the case of a life tenant of property, or an income beneficiary of property held in trust, or an heir, legatee, or devisee of an estate, the deduction for depreciation allowed by section 167 and the deduction allowed by section 611. (7) Pension, profit-sharing, annuity, and bond pur- chase plans of self-employed individuals In the case of an individual who is an em- ployee within the meaning of section 401(c)(1), the deductions allowed by section 404 and section 405(c) to the extent attribut- able to contributions made on behalf of such individual. (8) Moving expense deduction The deduction allowed by section 217. (9) Pension, etc., plans of electing small business corporations The deduction allowed by section 1379(b)(3). (10) Retirement savings The deduction allowed by section 219 (relat- ing to deduction of certain retirement sav- ings) and the deduction allowed by section 220 (relating to retirement savings for certain married individuals). (11) Certain portion of lump-sum distributions from pension plans taxed under section 402(e) The deduction allowed by section 402(e)(3). (12) Penalties forfeited because of premature with- drawal of funds from time savings accounts or deposits The deductions allowed by section 165 for losses incurred in any transaction entered into for profit, though not connected with a trade or business, to the extent that such losses include amounts forfeited to a bank, mutual savings bank, savings and loan associ- ation, building and loan association, cooperat- ive bank or homestead association as a penal- ty for premature withdrawal of funds from a time savings account, certificate of deposit, or similar class of deposit. (13) Alimony The deduction allowed by section 215. Nothing in this section shall permit the same item to be deducted more than once. (Aug. 16, 1954, ch. 736, 68A Stat. 17; Oct. 10, 1962, Pub. L. 87-792, §7(b), 76 Stat. 828; Feb. 26, 1964, Pub. L. 88-272, title II, § 213(b), 78 Stat. 52; Dec. 30, 1969, Pub. L. 91-172, title V, § 531(b), 83 Stat. 655; Sept. 2, 1974, Pub. L. 93- 406, title II, §§ 2002(a)(2), 2005(c)(9), 88 Stat. 959, 992; Oct. 26, 1974, Pub. L. 93-483, § 6(a), 88 Stat. 1458; Oct. 4, 1976, Pub. L. 94-455, title V, § 502(a), title XV, § 1501(b)(1), title XIX, § 1901(a)(8), (9), 90 Stat. 1559, 1735, 1765.) AMENDMENTS 1976-Par. (10). Pub. L. 94-455, § 1501(b)(1), added reference to the deduction allowed by section 220 (re- lating to retirement savings for certain married Indi- viduals). Par. (12). Pub. L. 94-455, § 1901(a)(8). (9), redesignat- ed former par. (11), which related to penalties forfeit- ed because of premature withdrawal of funds from time savings accounts or deposits, as par. (12), and as so redesignated, substituted "trade or business, to the extent" for "trade or business to the extent". Par. (13). Pub. L. 94-455, § 502(a), added par. (13). 1974-Par. (10). Pub. L. 93-406, § 2002(a)(2), added par. (10). Par. (11). Pub. L. 93-483 added par. (11), which re- lates to penalties forfeited because of premature with- drawal of funds from time savings accounts or depos- its. Another par. (11), which relates to certain portions of lump-sum distributions from pension plans taxed under section 402(e) of this title, was added by Pub. L. 93-406, § 2005(c)(9). 1969-Par. (9). Pub. L. 91-172 added par. (9). 1964-Par. (8). Pub. L. 88-272 added par. (8). 1962-Par. (7). Pub. L. 87-792 added par. (7). EFFECTIVE DATE OF 1976 AMENDMENT Section 502(c) of Pub. L. 94-455 provided that: "The amendments made by this section [to this section and section 3402(m)(2)(A) of this title] shall apply to tax- able years beginning after December 31, 1976." Amendment of par. (10) by section 1501(b)(1) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1976, see section 1501(d) of Pub. L. 94- 455, set out as an Effective Date of 1976 Amendment note under section 220 of this title. Amendment of par. (12) by section 1901(a)(8), (9) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 2 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Par. (10) applicable to taxable years beginning after Dec. 31, 1974, see section 2002(1)(1) of Pub. L. 93-406, set out as an Effective Date note under section 219 of this title. Par. (11) added by section 2005(c)(9) of Pub. L. 93- 406 applicable only with respect to distributions or payments made after Dec. 31, 1973, in taxable years beginning after Dec. 31, 1973, see section 2005(d) of Pub. L. 93-406, set out as an Effective Date of 1974 Amendment note under section 402 of this title. Section 6(b) of Pub. L. 93-483 provided that: "The amendment made by this section [adding second para- graph designated as (11)] applies to taxable years be- ginning after December 31, 1972." EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-172 applicable with re- spect to taxable years of electing small business corpo- Page 96