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1.164-5

Deduction denied in case of certain taxes.
Definitions and special rules.

Certain retail sales taxes and gasoline taxes.

1.164-6 Apportionment of taxes on real property between seller and purchaser. 1.164-7 Taxes of shareholder paid by corporation.

1.164-8 Payments for municipal services in atomic energy communities 1.165 Statutory provisions; losses.

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Sale of residential property.

Wagering losses.

1.165-11 Election in respect of losses attributable to a disaster.

1.166 Statutory provisions; bad debts.

1.166-1 Bad debts.

Evidence of worthlessness.

1.166-2

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1.166-6 Sale of mortgaged or pledged property.

1.166-7

Worthless bonds issued by an individual.

1.166-8 Losses of guarantors, endorsers, and indemnitors.

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1.167(a)-10 When depreciation deduction is allowable.

1.167(b) Statutory provisions; depreciation; use of certain methods and rates. 1.167(b)-0 Methods of computing depreciation.

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1.167 (c) Statutory provisions; depreciation; limitations on use of certain methods and rates.

1.167(c)-1 Limitations on methods of computing depreciation under section 167(b) (2), (3), and (4).

1.167 (d) Statutory provisions; depreciation; agreement as to useful life on which depreciation rate is based.

1.167 (d)-1 Agreement as to useful life and rates of depreciation.

1.167(e) Statutory provisions; depreciation; change in method.

1.167(e)-1 Change in method.

1.167 (f) Statutory provisions; depreciation; salvage value.

1.167 (f)-1 Reduction of salvage value taken into account for certain personal property.

1.167 (g) Statutory provisions; depreciation; basis for depreciation.

1.167 (g)-1 Basis for depreciation.

1.167 (h)

Statutory provisions; depreciation; life tenants and beneficiaries of trusts and estates.

1.167 (h)-1 Life tenants and beneficiaries of trusts and estates.

1.167 (1) Statutory provisions; depreciation; depreciation of improvements in the

case of mines, etc.

Sec.

1.167 (i)-1 Depreciation of improvements in the case of mines, etc. 1.168 Statutory provisions; amortization of emergency facilities. 1.168-1 Amortization of emergency facilities; general rule.

1.168-2 Election of amortization.

1.168-3 Election to discontinue amortization.

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1.168-6

Depreciation of portion of emergency facility not subject to amortization. 1.168-7 Payment by United States of unamortized cost of facility.

1.169 Statutory provisions; amortization of grain-storage facilities. 1.169-1 General scope of section 169.

1.169-2 Definition of grain-storage facility.

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1.169-7

tion.

Depreciation of portion of grain-storage facility not subject to amortiza

1.169-8 Life tenant and remainderman.

1.170 Statutory provisions; charitable, etc., contributions and gifts.

1.170-1 Charitable, etc., contributions and gifts; allowance of deduction.
Charitable deductions by individuals; limitations.
Contributions or gifts by corporations.

1.170-2

1.170-3

1.171 Statutory provisions; amortizable bond premium.

1.171-1

1.171-2

Amortizable bond premium.

Determination of bond premium.

1.171-3 Election with respect to taxable and partially taxable bonds. 1.171-4

Definition.

1.172 Statutory provisions; net operating loss deduction.

1.172-1 Net operating loss deduction.

1.172-2 Net operating loss in case of a corporation.

1.172-3 Net operating loss in case of a taxpayer other than a corporation.

1.172-4 Net operating loss carrybacks and net operating loss carryovers.

1.172-5 Taxable income which is subtracted from net operating loss to determine carryback or carryover.

1.172-6

1.172-7

Illustration of net operating loss carrybacks and carryovers.
Joint return by husband and wife.

1.172-8 Net operating loss carryback for purposes of the excess profits tax.
1.172-9

Net operating loss carrybacks in case of certifications under the Trade Expansion Act of 1962.

1.172-10 Net operating loss carryovers for regulated transportation corporations. 1.172-11 Election with respect to portion of net operating loss attributable to foreign expropriation loss.

1.173 Statutory provisions; circulation expenditures.

1.173-1 Circulation expenditures.

1.174 Statutory provisions; research and experimental expenditures.

1.174-1 Research and experimental expenditures; in general.

1.174-2

1.174-3

1.174-4

Definition of research and experimental expenditures.

Treatment as expenses.

Treatment as deferred expenses.

1.175 Statutory provisions; soil and water conservation expenditures. 1.175-1 Soil and water conservation expenditures; in general.

1.175-2 Definition of soil and water conservation expenditures.

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1.176 Statutory provisions; payments with respect to employees of certain foreign corporations.

1.177 Statutory provisions; trademark and trade name expenditures.

1.177-1 Election to amortize trademark and trade name expenditures.

1.178 Statutory provisions; depreciation or amortization of improvements made by lessee on lessor's property.

1.178-1 Depreciation or amortization of improvements on leased property and cost of acquiring a lease.

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1.179 Statutory provisions; additional first-year depreciation allowance. 1.179-1 Additional first-year depreciation allowance.

1.179-2 Dollar limitation.

1.179-3

Definitions and special rules.

1.179-4 Time and manner of making election.

1.180 Statutory provisions; expenditures by farmers for fertilizer, etc. 1.180-1 Expenditures by farmers for fertilizer, etc.

1.180-2 Time and manner of making election and revocation.

1.182 Statutory provisions; expenditures by farmers for clearing land. 1.182-1 Expenditures by farmers for clearing land; in general. Definition of "the business of farming."

1.182-2

1.182-3 Definition, exceptions, etc., relating to deductible expenditures. 1.182-4 Definition of "land suitable for use in farming", etc.

1.182-5

Limitation.

1.182-6 Election to deduct land clearing expenditures.

ADDITIONAL ITEMIZED DEDUCTIONS FOR INDIVIDUALS

1.211 Statutory provisions; allowance of deductions.

1.211-1 Allowance of deductions.

1.212 Statutory provisions; expenses for production of income.

1.212-1 Nontrade or nonbusiness expenses.

1.213 Statutory provisions; medical, dental, etc., expenses.

1.213-1 Medical, dental, etc., expenses.

1.213-2 Maximum limitation on deduction if taxpayer or spouse is age 65 or over and is disabled.

1.214 Statutory provisions; expenses for care of certain dependents.

1.214-1 Expenses for the care of certain dependents.

1.215 Statutory provisions; alimony, etc., payments.

1.215-1 Periodic alimony, etc., payments.

1.216 Statutory provisions; deduction of taxes, interest, and business depreciation by cooperative housing corporation tenant-stockholder.

1.216-1 Amounts representing taxes and interest paid to cooperative housing corporation.

1.216-2 Treatment as property subject to depreciation.

1.217 Statutory provisions; moving expenses.

1.217-1 Deduction for moving expenses.

1.218 Statutory provisions; cross references.

SPECIAL DEDUCTIONS FOR CORPORATIONS

1.241 Statutory provisions; allowance of special deductions. 1.241-1 Allowance of special deductions.

1.242 Statutory provisions; partially tax-exempt interest.

1.242-1 Deduction for partially tax-exempt interest.

1.243 Statutory provisions; dividends received by corporations. 1.243-1 Deduction for dividends received by corporations.

1.243-2 Special rules for certain distributions.

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1.244 Statutory provisions; dividends received on certain preferred stock. 1.244-1 Deduction for dividends received on certain preferred stock.

1.244-2 Computation of deduction.

1.245 Statutory provisions; dividends received from certain foreign corporations. 1.245-1 Deduction for dividends received from certain foreign corporations. 1.246 Statutory provisions; rules applying to deductions for dividends received. 1.246-1 Deductions not allowed for dividends from certain corporations. 1.246-2

Limitation on aggregate amount of deductions.

1.246-3 Exclusion of certain dividends.

1.247 Statutory provisions; dividends paid on certain preferred stock of public utilities.

1.247-1 Deduction for dividends paid on preferred stock of public utilities.

Sec.

1.248 Statutory provisions; organizational expenditures. 1.248-1 Election to amortize organizational expenditures.

ITEMS NOT DEDUCTIBLE

1.261 Statutory provisions; general rule for disallowance of deductions. 1.261-1 General rule for disallowance of deductions.

1.262 Statutory provisions; personal, living, and family expenses.

1.262-1 Personal, living, and family expenses.

1.263 (a)

1.263 (a)-1 1.263 (a)-2 1.263(a)-3

Statutory provisions; capital expenditures; general rule.
Capital expenditures; in general.

Examples of capital expenditures.

Election to deduct or capitalize certain expenditures.

1.263(b) Statutory provisions; capital expenditures; expenditures for advertising and good will.

1.263(b)-1 Expenditures for advertising or promotion of good will.

1.263 (c) Statutory provisions; capital expenditures; intangible drilling and development costs in the case of oil and gas wells.

1.263 (c)-1 Intangible drilling and development costs in the case of oil and gas wells.

1.264 Statutory provisions; certain amounts paid in connection with insurance contracts.

1.264-1 Premiums on life insurance taken out in a trade or business.

1.264-2 Single premium life insurance, endowment, or annuity contracts.

1.264-3 Effective date; taxable years ending after March 1, 1954, subject to the Internal Revenue Code of 1939.

1.264-4 Other life insurance, endowment, or annuity contracts.

1.265 Statutory provisions; expenses and interest relating to tax-exempt income. 1.265-1 Expenses relating to tax-exempt income.

1.265-2 Interest relating to tax-exempt income.

1.266 Statutory provisions; carrying charges.

1.266-1 Taxes and carrying charges chargeable to capital account and treated as capital items.

1.267(a) Statutory provisions; losses, expenses, and interest with respect to transactions between related taxpayers; deductions disallowed.

1.267(a)-1 Deductions disallowed.

1.267 (b) Statutory provisions; losses, expenses, and interest with respect to transactions between related taxpayers; relationships.

1.267(b)-1

Relationships.

1.267 (c) Statutory provisions; losses, expenses, and interest with respect to transactions between related taxpayers; constructive ownership of stock.

1.267 (c)-1 Constructive ownership of stock.

1.267 (d)

Statutory provisions; losses, expenses, and interest with respect to transactions between related taxpayers; amount of gain where loss previously disallowed.

1.267 (d)-1 Amount of gain where loss previously disallowed.

1.267(d)-2 Effective date; taxable years subject to the Internal Revenue Code of 1939.

1.268 Statutory provisions; sale of land with unharvested crop.

1.268-1 Items attributable to an unharvested crop sold with the land.

1.269 Statutory provisions; acquisitions made to evade or avoid income tax. 1.269-1 Meaning and use of terms.

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1.269-3 Instances in which section 269 (a) disallows a deduction, credit, or other allowance.

1.269-4 Power of district director to allocate deduction, credit, or allowance in part. 1.269-5 Presumption in case of disproportionate purchase price.

1.269-6 Relationship of section 269 to section 382.

1.270 Statutory provisions; limitation on deductions allowable to individuals in certain cases.

1.270-1 Limitation on deductions allowable to individuals in certain cases. 1.271 Statutory provisions; debts owed by political parties, etc.

1.271-1 Debts owed by political parties.

1.272 Statutory provisions; disposal of coal or domestic iron ore. 1.272-1

Expenditures relating to disposal of coal or domestic iron ore. 1.273 Statutory provisions; holders of life or terminable interest. 1.273-1 Life or terminable interests.

Sec.

1.274 Statutory provisions; disallowance of certain entertainment, etc., expenses. 1.274-1 Disallowance of certain entertainment, gift and travel expenses. 1.274-2 Disallowance of deductions for certain expenses for entertainment, amusement, or recreation.

1.274-3 Disallowance of deduction for gifts.

1.274-4 Disallowance of certain foreign travel expenses.

1.274-5 Substantiation requirements.

1.274-6 Expenditures deductible without regard to trade or business or other income producing activity.

1.274-7 Treatment of certain expenditures with respect to entertainment-type

facilities.

1.274-8 Effective date.

1.275 Statutory provisions; certain taxes.

1.275-1 Deduction denied in case of certain taxes.

1.276 Statutory provisions; disallowance of deductions for certain indirect contributions to political parties.

1.276-1 Disallowance of deductions for certain indirect contributions to political parties.

AUTHORITY: The provisions of this Part 1, §§ 1.0-1 to 1.300, issued under sec. 7805, 68A Stat. 917; 26 U.S.C. 7805, unless otherwise noted.

SOURCE: The provisions of this Part 1, §§ 1.0-1 to 1.300, contained in Treasury Decision 6500, 25 F.R. 11402, Nov. 26, 1960; 25 F.R. 14021, Dec. 31, 1960, unless otherwise noted.

§ 1.0-1

Internal Revenue Code of 1954 and regulations.

(a) Enactment of law. The Internal Revenue Code of 1954 which became law upon enactment of Public Law 591, 83d Congress, approved August 16, 1954, provides in part as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) Citation. (1) The provisions of this Act set forth under the heading "Internal Revenue Title" may be cited as the "Internal Revenue Code of 1954".

(2) The Internal Revenue Code enacted on February 10, 1939, as amended, may be cited as the "Internal Revenue Code of 1939".

(b) Publication. This Act shall be published as volume 68A of the United States Statutes at Large, with a comprehensive table of contents and an appendix; but without an index or marginal references. The date of enactment, bill number, public law number, and chapter number, shall be printed as a headnote.

(c) Cross reference. For saving provisions, effective date provisions, and other related provisions, see chapter 80 (sec. 7801 and following) of the Internal Revenue Code of 1954.

(d) Enactment of Internal Revenue Title into law. The Internal Revenue Title referred to in subsection (a) (1) is as follows:

In general, the provisions of the Internal Revenue Code of 1954 are applicable with respect to taxable years be

ginning after December 31, 1953, and ending after August 16, 1954. Certain provisions of that Code are deemed to be included in the Internal Revenue Code of 1939. See section 7851.

(b) Scope of regulations. The regulations in this part deal with (1) the income taxes imposed under subtitle A of the Internal Revenue Code of 1954, and (2) certain administrative provisions contained in subtitle F of such Code relating to such taxes. In general, the applicability of such regulations is commensurate with the applicability of the respective provisions of the Internal Revenue Code of 1954 except that with respect to the provisions of the Internal Revenue Code of 1954 which are deemed to be included in the Internal Revenue Code of 1939, the regulations relating to such provisions are applicable to certain fiscal years and short taxable years which are subject to the Internal Revenue Code of 1939. Those provisions of the regulations which are applicable to taxable years subject to the Internal Revenue Code of 1939 and the specific taxable years to which such provisions are so applicable are identified in each instance. The regulations in 26 CFR (1939) Part 39 (Regulations 118) are continued in effect until superseded by the regulations in this part. See Treasury Decision 6091, approved August 16, 1954 (19 F.R. 5167, C.B. 1954-2, 47).

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