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26 U.S.C. § 681Limitation on charitable deduction

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 133 words · no verdicts yet

in plain englishAI-generated · not legal advice

A trust cannot deduct under section 642(c) income allocated to unrelated business income for the tax year. The section cross-references other limits on charitable deductions.

(a) Trade or business income. When calculating a trust’s section 642(c) deduction, the trust may not deduct any amount otherwise allowed under section 642(c) to the extent it relates to income allocated to the trust’s unrelated business income for that year. Here, “unrelated business income” means the amount that would be calculated as unrelated business taxable income under section 512 if the trust were exempt under section 501(a) because of section 501(c)(3). (b) Cross-reference. Sections 508(d) and 4948(c)(4) address disallowance of certain charitable and similar deductions otherwise allowed under section 642(c).
the actual law source: uscode.house.gov ↗public domain
(a) Trade or business income

In computing the deduction allowable under section 642(c) to a trust, no amount otherwise allowable under section 642(c) as a deduction shall be allowed as a deduction with respect to income of the taxable year which is allocable to its unrelated business income for such year. For purposes of the preceding sentence, the term “unrelated business income” means an amount equal to the amount which, if such trust were exempt from tax under section 501(a) by reason of section 501(c)(3), would be computed as its unrelated business taxable income under section 512 (relating to income derived from certain business activities and from certain property acquired with borrowed funds).

(b) Cross reference

For disallowance of certain charitable, etc., deductions otherwise allowable under section 642(c), see sections 508(d) and 4948(c)(4).

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 232; Pub. L. 90–630, § 6(b), Oct. 22, 1968, 82 Stat. 1330; Pub. L. 91–172, title I, §§ 101(j)(18), (19), 121(d)(2)(B), Dec. 30, 1969, 83 Stat. 528, 547.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1968Amended · Pub. L. 90-630 · 82 Stat. 1330
  • 1969Amended · Pub. L. 91-172 · 83 Stat. 528, 547

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

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