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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

Most taxpayers can't deduct a bad debt owed by a political party. This covers parties, party committees, and groups that raise or spend money to help elect candidates. A narrow exception applies to businesses that regularly sell goods or services to political parties on credit.

(a) General rule. A taxpayer — other than a bank, as section 581 defines it — cannot deduct a debt as a bad debt under section 166, or as a worthless security under section 165(g), if the debt is owed by a "political party." (b) Definitions. (1) "Political party" means: (A) a political party; (B) a national, State, or local committee of a political party; or (C) any 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 a federal, State, or local elected office, whether or not they win. (2) "Contributions" includes a gift, subscription, loan, advance, or deposit of money or anything of value, and any contract, promise, or agreement to contribute — whether or not it's legally enforceable. (3) "Expenditures" includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and any contract, promise, or agreement to spend — whether or not it's legally enforceable. (c) Exception. For a taxpayer using the accrual method of accounting, subsection (a) does not block the deduction for a receivable that accrued from a genuine sale of goods or services in the ordinary course of business, if: (1) in the year the receivable accrued, more than 30 percent of all the receivables that accrued in the taxpayer's ordinary business came from political parties, and (2) 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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