[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: 26CFR1.265-1]

[Page 567]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.265-1  Expenses relating to tax-exempt income.

    (a) Nondeductibility of expenses allocable to exempt income. (1) No 
amount shall be allowed as a deduction under any provision of the Code 
for any expense or amount which is otherwise allowable as a deduction 
and which is allocable to a class or classes of exempt income other than 
a class or classes of exempt interest income.
    (2) No amount shall be allowed as a deduction under section 212 
(relating to expenses for production of income) for any expense or 
amount which is otherwise allowable as a deduction and which is 
allocable to a class or classes of exempt interest income.
    (b) Exempt income and nonexempt income. (1) As used in this section, 
the term class of exempt income means any class of income (whether or 
not any amount of income of such class is received or accrued) wholly 
exempt from the taxes imposed by Subtitle A of the Code. For purposes of 
this section, a class of income which is considered as wholly exempt 
from the taxes imposed by subtitle A includes any class of income which 
is:
    (i) Wholly excluded from gross income under any provision of 
Subtitle A, or
    (ii) Wholly exempt from the taxes imposed by Subtitle A under the 
provisions of any other law.
    (2) As used in this section the term nonexempt income means any 
income which is required to be included in gross income.
    (c) Allocation of expenses to a class or classes of exempt income. 
Expenses and amounts otherwise allowable which are directly allocable to 
any class or classes of exempt income shall be allocated thereto; and 
expenses and amounts directly allocable to any class or classes of 
nonexempt income shall be allocated thereto. If an expense or amount 
otherwise allowable is indirectly allocable to both a class of nonexempt 
income and a class of exempt income, a reasonable proportion thereof 
determined in the light of all the facts and circumstances in each case 
shall be allocated to each.
    (d) Statement of classes of exempt income; records. (1) A taxpayer 
receiving any class of exempt income or holding any property or engaging 
in any activity the income from which is exempt shall submit with his 
return as a part thereof an itemized statement, in detail, showing (i) 
the amount of each class of exempt income, and (ii) the amount of 
expenses and amounts otherwise allowable allocated to each such class 
(the amount allocated by apportionment being shown separately) as 
required by paragraph (c) of this section. If an item is apportioned 
between a class of exempt income and a class of nonexempt income, the 
statement shall show the basis of the apportionment. Such statement 
shall also recite that each deduction claimed in the return is not in 
any way attributable to a class of exempt income.
    (2) The taxpayer shall keep such records as will enable him to make 
the allocations required by this section. See section 6001 and the 
regulations thereunder.