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26 U.S.C. § 271Debts owed by political parties, etc.

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

Taxpayers generally cannot deduct bad debts or worthless securities owed by a political party. "Political party" includes parties, their committees, and groups that raise or spend money to influence elections. There's an exception for businesses with an accrual method that regularly sell to political parties and keep trying to collect.

(a) General rule A taxpayer, other than a bank as defined in section 581, cannot deduct a debt owed by a political party as a bad debt under section 166, or as a worthless security under section 165(g). (b) Definitions "Political party" means: a political party itself; a national, state, or local committee of a political party; or a committee, association, or organization that accepts contributions or makes expenditures to influence the election of presidential or vice-presidential electors, or of anyone whose name is put forward for federal, state, or local elected office (win or lose). "Contributions" includes gifts, subscriptions, loans, advances, or deposits of money or anything of value, and includes promises to contribute, whether or not legally enforceable. "Expenditures" includes payments, distributions, loans, advances, deposits, or gifts of money or anything of value, and includes promises to spend, whether or not legally enforceable. (c) Exception For a taxpayer using the accrual method of accounting, subsection (a) doesn't block a deduction for a receivable that came from a genuine, ordinary-course sale of goods or services — but only if, in the year that receivable accrued, more than 30% of all the taxpayer's ordinary-course receivables were owed by political parties, and the taxpayer made real, ongoing efforts to collect the debt.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

In the case of a taxpayer (other than a bank as defined in section 581) no deduction shall be allowed under section 166 (relating to bad debts) or under section 165(g) (relating to worthlessness of securities) by reason of the worthlessness of any debt owed by a political party.

(b) Definitions
(1) Political party

For purposes of subsection (a), the term “political party” means—

(A)

a political party;

(B)

a national, State, or local committee of a political party; or

(C)

a committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of presidential or vice-presidential electors or of any individual whose name is presented for election to any Federal, State, or local elective public office, whether or not such individual is elected.

(2) Contributions

For purposes of paragraph (1)(C), the term “contributions” includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement to make a contribution, whether or not legally enforceable.

(3) Expenditures

For purposes of paragraph (1)(C), the term “expenditures” includes a payment, distribution, loan, advance, deposit, or gift, of money, or anything of value, and includes a contract, promise, or agreement to make an expenditure, whether or not legally enforceable.

(c) Exception

In the case of a taxpayer who uses an accrual method of accounting, subsection (a) shall not apply to a debt which accrued as a receivable on a bona fide sale of goods or services in the ordinary course of the taxpayer’s trade or business if—

(1)

for the taxable year in which such receivable accrued, more than 30 percent of all receivables which accrued in the ordinary course of the trades and businesses of the taxpayer were due from political parties, and

(2)

the taxpayer made substantial continuing efforts to collect on the debt.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 82; Pub. L. 94–455, title XXI, § 2104(a), Oct. 4, 1976, 90 Stat. 1901.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1901

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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