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Title 26 — Internal Revenue Code

Part IX · Chapter 1 — Normal Taxes and Surtaxes

§ 276. Certain indirect contributions to political parties

Statutory text

(a)

Disallowance of deduction

No deduction otherwise allowable under this chapter shall be allowed for any amount paid or incurred for—

(1)

advertising in a convention program of a political party, or in any other publication if any part of the proceeds of such publication directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate,

(2)

admission to any dinner or program, if any part of the proceeds of such dinner or program directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate, or

(3)

admission to an inaugural ball, inaugural gala, inaugural parade, or inaugural concert, or to any similar event which is identified with a political party or a political candidate.

(b)

Definitions

For purposes of this section—

(1)

Political party

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, whether incorporated or not, which directly or indirectly accepts contributions (as defined in section 271(b)(2)) or make expenditures (as defined in section 271(b)(3)) for the purpose of influencing or attempting to influence the selection, nomination, or election of any individual to any Federal, State, or local elective public office, or the election of presidential and vice-presidential electors, whether or not such individual or electors are selected, nominated, or elected.

(2)

Proceeds inuring to or for the use of political candidates

Proceeds shall be treated as inuring to or for the use of a political candidate only if—

(A)

such proceeds may be used directly or indirectly for the purpose of furthering his candidacy for selection, nomination, or election to any elective public office, and

(B)

such proceeds are not received by such candidate in the ordinary course of a trade or business (other than the trade or business of holding elective public office).

(c)

Cross reference

For disallowance of certain entertainment, etc., expenses, see section 274.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Tax Adjustment Act of 1966

    Pub. L. 89–368 title III § 301(a) · 80 Stat. 38

    Enacted · 26 U.S.C. § 276

    Added Pub. L. 89–368, title III, § 301(a), Mar. 15, 1966, 80 Stat. 66

    Source evidence

    Code source credit
    Added Pub. L. 89–368, title III, § 301(a), Mar. 15, 1966, 80 Stat. 66

    Enacted provision · exact public law section
    (a) Disallowance.— Part IX of subchapter B of chapter 1 (relating to items not deductible) is amended by adding at the end thereof the following new section: “SEC. 276. CERTAIN INDIRECT CONTRIBUTIONS TO POLITICAL PARTIES. “(a) Disallowance of Deduction.— No deduction otherwise allowable under this chapter shall be allowed for any amount paid or incurred for— “(1) advertising in a convention program of a political party, or in any other publication if any part of the proceeds of such publication directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate, “(2) admission to any dinner or program, if any part of the proceeds of such dinner or program directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate, or “(3) admission to an inaugural ball, inaugural gala, inaugural parade, or inaugural concert, or to any similar event which is identified with a political party or a political candidate. “(b) Definitions.— For purposes of this section— “(1) Political party.— 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, whether incorporated or not, which directly or indirectly accepts contributions (as defined in section 271 (b)(2)) or make expenditures (as defined in section 271(b)(3)) for the purpose of 68A Stat. 82. 26 USC 271. influencing or attempting to influence the selection, nomination, or election of any individual to any Federal, State, or local elective public office, or the election of presidential and vice-presidential electors, whether or not such individual or electors are selected, nominated, or elected. “(2) Proceeds inuring to or for the use of political candidates.— Proceeds shall be treated as inuring to or for the use of a political candidate only if— “(A) such proceeds may be used directly or indirectly for the purpose of furthering his candidacy for selection, nomination, or election to any elective public office, and “(B) such proceeds are not received by such candidate in the ordinary course of a trade or business (other than the trade or business of holding elective public office). “(c) Cross Reference.— “For disallowance of certain entertainment, etc, expenses, see section 274.”

  2. Revenue and Expenditure Control Act of 1968

    Pub. L. 90–364 title I § 108(a) · 82 Stat. 251

    1. Added · 26 U.S.C. § 276(c); 26 U.S.C. § 276(d)

      Pub. L. 90–364 added subsec. (c)

    2. Redesignated · 26 U.S.C. § 276(c); 26 U.S.C. § 276(d)

      Pub. L. 90–364 redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 90–364 added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (a) Allowance of Deduction.— Section 276 (relating to certain indirect contributions to political parties) is amended by redesignating subsection (c) as (d), and by inserting after subsection (b) the following new subsection: “(c) Advertising in a Convention Program of a National Political Convention.— Subsection (a) shall not apply to any amount paid or incurred for advertising in a convention program of a political party distributed in connection with a convention held for the purpose of nominating candidates for the offices of President and Vice President of the United States, if the proceeds from such program are used solely to defray the costs of conducting such convention (or a subsequent convention of such party held for such purpose) and the amount paid or incurred for such advertising is reasonable in light of the business the taxpayer may expect to receive— “(1) directly as a result of such advertising, or “(2) as a result of the convention being held in an area in which the taxpayer has a principal place of business.”

  3. Pub. L. 93–443 title IV § 406(d) · 88 Stat. 1263

    1. Struck · 26 U.S.C. § 276(c); 26 U.S.C. § 276(d)

      Pub. L. 93–443 struck out subsec. (c) relating to advertising in a convention program of a national political convention

    2. Redesignated · 26 U.S.C. § 276(c); 26 U.S.C. § 276(d)

      Pub. L. 93–443 redesignated subsec. (d) as (c)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 93–443 struck out subsec. (c) relating to advertising in a convention program of a national political convention, and redesignated subsec. (d) as (c).

    Enacted provision · exact public law section
    (d) Section 276 of such Code (relating to certain indirect contributions 26 USC 276. to political parties) is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c).

    Effective date note
    Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1968–1974 · 2 rounds

1974

Subsecs. (c), (d). Pub. L. 93–443 struck out subsec. (c) relating to advertising in a convention program of a national political convention, and redesignated subsec. (d) as (c).

1968

Subsecs. (c), (d). Pub. L. 90–364 added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after , see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Effective Date of 1968 Amendment

Pub. L. 90–364, title I, § 108(b), , 82 Stat. 269, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to amounts paid or incurred on or after .”

Effective Date

Pub. L. 89–368, title III, § 301(c), , 80 Stat. 67, provided that: “The amendments made by subsections (a) and (b) [enacting this section] shall apply to taxable years beginning after , but only with respect to amounts paid or incurred after the date of the enactment of this Act [].”

Program Advertising for Presidential and Vice-Presidential Nominating Conventions

Pub. L. 90–346, , 82 Stat. 183, provided for advertising in a convention program of a national political convention, applicable with respect to amounts paid or incurred on or after , prior to repeal by Pub. L. 93–625, § 10(g), , 88 Stat. 2119.

Credits

1966–1974 · 3 acts
  1. 1966Added Pub. L. 89–368, title III, § 301(a), , 80 Stat. 66
  2. 1968amended Pub. L. 90–364, title I, § 108(a), , 82 Stat. 268
  3. 1974Pub. L. 93–443, title IV, § 406(d), , 88 Stat. 1296.
Show as published

(Added Pub. L. 89–368, title III, § 301(a), , 80 Stat. 66; amended Pub. L. 90–364, title I, § 108(a), , 82 Stat. 268; Pub. L. 93–443, title IV, § 406(d), , 88 Stat. 1296.)

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