[Code of Federal Regulations] [Title 26, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR1.170-0] [Page 5-9] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PART 1_INCOME TAXES--Table of Contents Sec. 1.170-0 Effective dates. Normal Taxes and Surtaxes (Continued) COMPUTATION OF TAXABLE INCOME (Continued) Itemized Deductions for Individuals and Corporations (Continued) Sec. 1.170-0 Effective dates. 1.170-1 Charitable, etc., contributions and gifts; allowance of deduction (before amendment by Tax Reform Act of 1969). 1.170-2 Charitable deductions by individuals; limitations (before amendment by Tax Reform Act of 1969). 1.170-3 Contributions or gifts by corporations (before amendment by Tax Reform Act of 1969). 1.170A-1 Charitable, etc., contributions and gifts; allowance of deduction. 1.170A-2 Amounts paid to maintain certain students as members of the taxpayer's household. 1.170A-3 Reduction of charitable contribution for interest on certain indebtedness. 1.170A-4 Reduction in amount of charitable contributions of certain appreciated property. 1.170A-4A Special rule for the deduction of certain charitable contributions of inventory and other property. 1.170A-5 Future interests in tangible personal property. 1.170A-6 Charitable contributions in trust. 1.170A-7 Contributions not in trust of partial interests in property. 1.170A-8 Limitations on charitable deductions by individuals. 1.170A-9 Definition of section 170(b)(1)(A) organization. 1.170A-10 Charitable contributions carryovers of individuals. 1.170A-11 Limitation on, and carryover of, contributions by corporations. 1.170A-11T Limitation on, and carryover of, contributions by corporations (temporary). 1.170A-12 Valuation of a remainder interest in real property for contributions made after July 31, 1969. 1.170A-13 Recordkeeping and return requirements for deductions for charitable contributions. 1.170A-14 Qualified conservation contributions. 1.171-1 Bond premium. 1.171-2 Amortization of bond premium. 1.171-3 Special rules for certain bonds. 1.171-4 Election to amortize bond premium on taxable bonds. 1.171-5 Effective date and transition rules. 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 Illustration of net operating loss carrybacks and carryovers. 1.172-7 Joint return by husband and wife. 1.172-8 Net operating loss carryovers for regulated transportation corporations. 1.172-9 Election with respect to portion of net operating loss attributable to foreign expropriation loss. 1.172-10 Net operating losses of real estate investment trusts. 1.172-13 Product liability losses. 1.173-1 Circulation expenditures. 1.174-1 Research and experimental expenditures; in general. 1.174-2 Definition of research and experimental expenditures. 1.174-3 Treatment as expenses. 1.174-4 Treatment as deferred expenses. 1.175-1 Soil and water conservation expenditures; in general. 1.175-2 Definition of soil and water conservation expenditures. 1.175-3 Definition of ``the business of farming.'' 1.175-4 Definition of ``land used in farming.'' 1.175-5 Percentage limitation and carryover. 1.175-6 Adoption or change of method. 1.175-7 Allocation of expenditures in certain circumstances. 1.177-1 Election to amortize trademark and trade name expenditures. 1.178-1 Depreciation or amortization of improvements on leased property and cost of acquiring a lease. 1.178-2 Related lessee and lessor. 1.178-3 Reasonable certainty test. 1.179-0 Table of contents for section 179 expensing rules. 1.179-1 Election to expense certain depreciable assets. 1.179-2 Limitations on amount subject to section 179 election. 1.179-3 Carryover of disallowed deduction. 1.179-4 Definitions. 1.179-5 Time and manner of making election. 1.179-6 Effective date. 1.179A-1 Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property. [[Page 6]] 1.180-1 Expenditures by farmers for fertilizer, etc. 1.180-2 Time and manner of making election and revocation. 1.182-1 Expenditures by farmers for clearing land; in general. 1.182-2 Definition of ``the business of farming.'' 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. 1.183-1 Activities not engaged in for profit. 1.183-2 Activity not engaged in for profit defined. 1.183-3 Election to postpone determination with respect to the presumption described in section 183(d). [Reserved] 1.183-4 Taxable years affected. 1.186-1 Recoveries of damages for antitrust violations, etc. 1.187-1 Amortization of certain coal mine safety equipment. 1.187-2 Definitions. 1.188-1 Amortization of certain expenditures for qualified on-the-job training and child care facilities. 1.190-1 Expenditures to remove architectural and transportation barriers to the handicapped and elderly. 1.190-2 Definitions. 1.190-3 Election to deduct architectural and transportation barrier removal expenses. 1.193-1 Deduction for tertiary injectant expenses. 1.194-1 Amortization of reforestation expenditures. 1.194-2 Amount of deduction allowable. 1.194-3 Definitions. 1.194-4 Time and manner of making election. 1.195-1 Election to amortize start-up expenditures. 1.197-0 Table of contents. 1.197-1T Certain elections for intangible property (temporary). 1.197-2 Amortization of goodwill and certain other intangibles. Additional Itemized Deductions for Individuals 1.211-1 Allowance of deductions. 1.212-1 Nontrade or nonbusiness expenses. 1.213-1 Medical, dental, etc., expenses. 1.214-1 Expenses for the care of certain dependents incurred during taxable years beginning before January 1, 1972. 1.214A-1 Certain expenses to enable individuals to be gainfully employed incurred during taxable years beginning after December 31, 1971, and before January 1, 1976. 1.214A-2 Limitations on deductible amounts. 1.214A-3 Reduction of expenses for certain disability payments and adjusted gross income. 1.214A-4 Special rules applicable to married individuals. 1.214A-5 Other special rules relating to employment-related expenses. 1.215-1 Periodic alimony, etc., payments. 1.215-1T Alimony, etc., payments (temporary). 1.216-1 Amounts representing taxes and interest paid to cooperative housing corporation. 1.216-2 Treatment as property subject to depreciation. 1.217-1 Deduction for moving expenses paid or incurred in taxable years beginning before January 1, 1970. 1.217-2 Deduction for moving expenses paid or incurred in taxable years beginning after December 31, 1969. 1.219-1 Deduction for retirement savings. 1.219-2 Definition of active participant. Special Deductions for Corporations 1.241-1 Allowance of special deductions. 1.242-1 Deduction for partially tax-exempt interest. 1.243-1 Deduction for dividends received by corporations. 1.243-2 Special rules for certain distributions. 1.243-3 Certain dividends from foreign corporations. 1.243-4 Qualifying dividends. 1.243-5 Effect of election. 1.244-1 Deduction for dividends received on certain preferred stock. 1.244-2 Computation of deduction. 1.245-1 Dividends received from certain foreign corporations. 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. 1.246-4 Dividends from a DISC or former DISC. 1.246-5 Reduction of holding periods in certain situations. 1.247-1 Deduction for dividends paid on preferred stock of public utilities. 1.248-1 Election to amortize organizational expenditures. 1.249-1 Limitation on deduction of bond premium on repurchase. Items Not Deductible 1.261-1 General rule for disallowance of deductions. 1.262-1 Personal, living, and family expenses. 1.263(a)-0 Table of contents. 1.263(a)-1 Capital expenditures; In general. 1.263(a)-2 Examples of capital expenditures. 1.263(a)-3 Election to deduct or capitalize certain expenditures. [[Page 7]] 1.263(a)-4 Amounts paid to acquire or create intangibles. 1.263(a)-5 Amounts paid or incurred to facilitate an acquisition of a trade or business, a change in the capital structure of a business entity, and certain other transactions. 1.263(b)-1 Expenditures for advertising or promotion of good will. 1.263(c)-1 Intangible drilling and development costs in the case of oil and gas wells. 1.263(e)-1 Expenditures in connection with certain railroad rolling stock. 1.263(f)-1 Reasonable repair allowance. 1.263A-0 Outline of regulations under section 263A. 1.263A-1 Uniform capitalization of costs. 1.263A-2 Rules relating to property produced by the taxpayer. 1.263A-3 Rules relating to property acquired for resale. 1.263A-4 Rules for property produced in a farming business. 1.263A-5 Exception for qualified creative expenses incurred by certain free-lance authors, photographers, and artists. [Reserved] 1.263A-6 Rules for foreign persons. [Reserved] 1.263A-7 Changing a method of accounting under section 263A. 1.263A-8 Requirement to capitalize interest. 1.263A-9 The avoided cost method. 1.263A-10 Unit of property. 1.263A-11 Accumulated production expenditures. 1.263A-12 Production period. 1.263A-13 Oil and gas activities. 1.263A-14 Rules for related persons. 1.263A-15 Effective dates, transitional rules, and anti-abuse rule. 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. 1.265-1 Expenses relating to tax-exempt income. 1.265-2 Interest relating to tax-exempt income. 1.265-3 Nondeductibility of interest relating to exempt-interest dividends. 1.266-1 Taxes and carrying charges chargeable to capital account and treated as capital items. 1.267(a)-1 Deductions disallowed. 1.267(a)-2T Temporary regulations; questions and answers arising under the Tax Reform Act of 1984 (temporary). 1.267(a)-3 Deduction of amounts owed to related foreign persons. 1.267(b)-1 Relationships. 1.267(c)-1 Constructive ownership of stock. 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. 1.267(f)-1 Controlled groups. 1.268-1 Items attributable to an unharvested crop sold with the land. 1.269-1 Meaning and use of terms. 1.269-2 Purpose and scope of section 269. 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 Time of acquisition of control. 1.269-6 Relationship of section 269 to section 382 before the Tax Reform Act of 1986. 1.269-7 Relationship of section 269 to sections 382 and 383 after the Tax Reform Act of 1986. 1.270-1 Limitation on deductions allowable to individuals in certain cases. 1.271-1 Debts owed by political parties. 1.272-1 Expenditures relating to disposal of coal or domestic iron ore. 1.273-1 Life or terminable interests. 1.274-1 Disallowance of certain entertainment, gift and travel expenses. 1.274-2 Disallowance of deductions for certain expenses for entertainment, amusement, recreation, or travel. 1.274-3 Disallowance of deduction for gifts. 1.274-4 Disallowance of certain foreign travel expenses. 1.274-5 Substantiation requirements. 1.274-5T Substantiation requirements (temporary). 1.274-6 Expenditures deductible without regard to trade or business or other income producing activity. 1.274-6T Substantiation with respect to certain types of listed property for taxable years beginning after 1985 (temporary). 1.274-7 Treatment of certain expenditures with respect to entertainment- type facilities. 1.274-8 Effective date. 1.275-1 Deduction denied in case of certain taxes. 1.276-1 Disallowance of deductions for certain indirect contributions to political parties. 1.278-1 Capital expenditures incurred in planting and developing citrus and almond groves. 1.279-1 General rule; purpose. 1.279-2 Amount of disallowance of interest on corporate acquisition indebtedness. 1.279-3 Corporate acquisition indebtedness. 1.279-4 Special rules. 1.279-5 Rules for application of section 279(b). 1.279-6 Application of section 279 to certain affiliated groups. 1.279-7 Effect on other provisions. 1.280B-1 Demolition of structures. [[Page 8]] 1.280C-1 Disallowance of certain deductions for wage or salary expenses. 1.280C-3 Disallowance of certain deductions for qualified clinical testing expenses when section 28 credit is allowable. 1.280C-4 Credit for increasing research activities. 1.280F-1T Limitations on investment tax credit and recovery deductions under section 168 for passenger automobiles and certain other listed property; overview of regulations (temporary). 1.280F-2T Limitations on recovery deductions and the investment tax credit for certain passenger automobiles (temporary). 1.280F-3T Limitations on recovery deductions and the investment tax credit when the business use percentage of listed property is not greater than 50 percent (temporary). 1.280F-4T Special rules for listed property (temporary). 1.280F-5T Leased property (temporary). 1.280F-6T Special rules and definitions (temporary). 1.280F-7 Property leased after December 31, 1986. 1.280G-1 Golden parachute payments. 1.280H-0T Table of contents (temporary). 1.280H-1T Limitation on certain amounts paid to employee-owners by personal service corporations electing alternative taxable years (temporary). Taxable Years Beginning Prior to January 1, 1986 1.274-5A Substantiation requirements. Terminal Railroad Corporations and Their Shareholders 1.281-1 In general. 1.281-2 Effect of section 281 upon the computation of taxable income. 1.281-3 Definitions. 1.281-4 Taxable years affected. Authority: 26 U.S.C. 7805. Section 1.170A-1 also issued under 26 U.S.C. 170(a). Section 1.170A-6 also issued under 26 U.S.C. 170(f)(4); 26 U.S.C. 642(c)(5). Section 1.170A-12 also issued under 26 U.S.C. 170(f)(4). Section 1.170A-13 also issued under 26 U.S.C. 170(f)(8). Section 1.171-2 also issued under 26 U.S.C. 171(e). Section 1.171-3 also issued under 26 U.S.C. 171(e). Section 1.171-4 also issued under 26 U.S.C. 171(c). Section 1.179-1 also issued under 26 U.S.C. 179(d)(6) and (10). Section 1.179-4 also issued under 26 U.S.C. 179(c). Section 1.179-6 also issued under 26 U.S.C. 179(c). Section 1.179A-1 also issued under 26 U.S.C. 179A(e)(4). Section 1.216-2 also issued under 26 U.S.C. 216(d). Section 1.263A-1 also issued under 26 U.S.C. 263A. Section 1.263A-2 also issued under 26 U.S.C. 263A. Section 1.263A-3 also issued under 26 U.S.C. 263A. Section 1.263A-4 also issued under 26 U.S.C. 263A. Section 1.263A-4T also issued under 26 U.S.C. 263A. Section 1.263A-5 also issued under 26 U.S.C. 263A. Section 1.263A-6 also issued under 26 U.S.C. 263A. Section 1.263A-7 also issued under 26 U.S.C. 263A. Section 1.263A-7T also issued under 26 U.S.C. 263A. Sections 1.263A-8 through 1.263A-15 also issued under 26 U.S.C. 263A(i). Section 1.267(a)-3 also issued under 26 U.S.C. 267(a)(3). Section 1.267(f)-1 also issued under 26 U.S.C. 267 and 1502. Section 1.269-3(d) also issued under 26 U.S.C. 382(m). Section 1.274-5 also issued under 26 U.S.C. 274(d). Section 1.274-5T also issued under 26 U.S.C. 274(d). Section 1.274(d)-1 also issued under 26 U.S.C. 274(d). Section 1.274(d)-1T also issued under 26 U.S.C. 274(d). Section 1.280C-4 also issued under 26 U.S.C. 280C(c) and 103 Stat. 2413. Section 1.280F-1T also issued under 26 U.S.C. 280F. Section 1.280F-6T also issued under 26 U.S.C. 280F. Section 1.280F-7 also issued under 26 U.S.C. 280F(c). Section 1.280G-1 also issued under 26 U.S.C. 280G(b) and (e). Source: T.D. 6500, 25 FR 11402, Nov. 26, 1960; 25 FR 14021, Dec. 31, 1960, unless otherwise noted. COMPUTATION OF TAXABLE INCOME (CONTINUED) Itemized Deductions for Individuals and Corporations (Continued) Except as otherwise provided in this section, the provisions of section 170 and Sec. Sec. 1.170-1 through 1.170-3 are applicable to contributions paid in taxable [[Page 9]] years beginning before January 1, 1970, and all references therein to sections of the Code are to sections of the Internal Revenue Code of 1954 prior to the amendments made by section 201(a) of the Tax Reform Act of 1969 (83 Stat. 549). Except as otherwise provided therein, Sec. Sec. 1.170A through 1.170A-11 are applicable to contributions paid in taxable years beginning after December 31, 1969. In a case where a provision in Sec. Sec. 1.170A through 1.170A-11 is applicable to a contribution paid in a taxable year beginning before January 1, 1970, such provision shall apply to the contribution and Sec. Sec. 1.170-1 through 1.170-3 shall not apply to the contribution. [T.D. 7207, 37 FR 20767, Oct. 5, 1972]