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Title 26 — Internal Revenue Code

Part IX · Chapter 1 — Normal Taxes and Surtaxes

§ 280E. Expenditures in connection with the illegal sale of drugs

Statutory text

No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.

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. Pub. L. 97–248 title III § 351(a) · 96 Stat. 324

    Enacted · 26 U.S.C. § 280E

    (Added Pub. L. 97–248, title III, § 351(a), Sept. 3, 1982, 96 Stat. 640.)

    Source evidence

    Code source credit
    (Added Pub. L. 97–248, title III, § 351(a), Sept. 3, 1982, 96 Stat. 640.)

    Enacted provision · exact public law section
    (a) In General.— 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. 280E. EXPENDITURES IN CONNECTION WITH THE ILLEGAL SALE OF DRUGS. “No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any 21 USC 812. State in which such trade or business is conducted.”

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Controlled Substances Act, referred to in text, is title II of Pub. L. 91–513, , 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Schedules I and II are set out in section 812 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 97–248, title III, § 351(c), , 96 Stat. 640, provided that: “The amendments made by this section [enacting this section] shall apply to amounts paid or incurred after the date of the enactment of this Act [] in taxable years ending after such date.”

Credits

(Added Pub. L. 97–248, title III, § 351(a), , 96 Stat. 640.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s280E