§62. Adjusted gross income defined — Inbound Citations
26 U.S.C. § 62
Cited by 220 provisions in release 119-102.
Citations to 26 U.S.C. § 62 as a whole
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(I) as defined in section 62 of title 26 and implemented in accordance with procedures established by the Secretary; and
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(I) the adjusted gross income (as defined in section 62 of title 26) of the student’s parents; plus
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(I) the adjusted gross income (as defined in section 62 of title 26) of the student (and the student’s spouse, if applicable); plus
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(2) A repayment schedule for a loan made under this part and repaid pursuant to income contingent repayment shall be based on the adjusted gross income (as defined in section 62 of title 26) of the borrower or, if the borrower is married and files a Federal income tax return jointly with the borrower’s spouse, on the adjusted gross income of the borrower and the borrower’s spouse.
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(A) The term “adjusted gross income”, when used with respect to a borrower, means the adjusted gross income (as such term is defined in section 62 of title 26) of the borrower (and the borrower’s spouse, as applicable) for the most recent taxable year, except that, in the case of a married borrower who files a separate Federal income tax return, the term does not include the adjusted gross income of the borrower’s spouse.
Citations to §62(a)
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(i) the portion of the adjusted gross income for the taxable year which is not attributable to earned income (as defined in section 911(d)(2)), over
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(II) the greater of the amount described in subclause (I) or, if the child itemizes his deductions for the taxable year, the amount of the itemized deductions allowed by this chapter for the taxable year which are directly connected with the production of the portion of adjusted gross income referred to in clause (i).
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(A) reduced (but not below 35 percent) by 1 percentage point for each $2,000 or fraction thereof by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000, and
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(B) further reduced (but not below 20 percent) by 1 percentage point for each $2,000 ($4,000 in the case of a joint return) or fraction thereof by which the taxpayer’s adjusted gross income for the taxable year exceeds $75,000 ($150,000 in the case of a joint return).
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(B) The term “phaseout percentage” means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $400,000.
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(d) If the adjusted gross income of the taxpayer exceeds—(1) $7,500 in the case of a single individual,(2) $10,000 in the case of a joint return, or(3) $5,000 in the case of a married individual filing a separate return,the section 22 amount shall be reduced by one-half of the excess of the adjusted gross income over $7,500, $10,000, or $5,000, as the case may be.
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(i) the amount (if any) by which the taxpayer’s adjusted gross income exceeds $150,000, bears to
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(B) For purposes of subparagraph (A), adjusted gross income shall be determined without regard to sections 911, 931, and 933.
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(1) The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
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(i) In the case of a taxpayer whose modified adjusted gross income (as defined in subsection (b)) for the taxable year does not exceed 200 percent of the applicable income threshold, the amount of the increase determined under subparagraph (A) with respect to such taxpayer for such taxable year shall be reduced (but not below zero) by the safe harbor amount.
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(ii) In the case of a taxpayer whose modified adjusted gross income (as defined in subsection (b)) for the taxable year exceeds the applicable income threshold, the safe harbor amount otherwise in effect under clause (i) shall be reduced by the amount which bears the same ratio to such amount as such excess bears to the applicable income threshold.
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(i) the taxpayer’s modified adjusted gross income for such taxable year, over
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(2) For purposes of this subsection, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(A) if the adjusted gross income of the taxpayer is not over $30,000, 50 percent,
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(B) if the adjusted gross income of the taxpayer is over $30,000 but not over $32,500, 20 percent,
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(C) if the adjusted gross income of the taxpayer is over $32,500 but not over $50,000, 10 percent, and
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(D) if the adjusted gross income of the taxpayer is over $50,000, zero percent.
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(e) For purposes of this section, adjusted gross income shall be determined without regard to sections 911, 931, and 933.
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(i) the modified adjusted gross income of the taxpayer for such taxable year, or
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(ii) the modified adjusted gross income of the taxpayer for the preceding taxable year, exceeds
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(3) For purposes of this subsection, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
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(I) the modified adjusted gross income of the taxpayer for such taxable year, or
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(II) the modified adjusted gross income of the taxpayer for the preceding taxable year, exceeds
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(C) For purposes of this paragraph, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
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(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds the phaseout amount.
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(B) for adjusted gross income between the dollar amount at which the phaseout begins under subsection (b) and the amount of adjusted gross income at which the credit is phased out under subsection (b).
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(I) the taxpayer’s modified adjusted gross income for such taxable year, over
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(B) For purposes of subparagraph (A), the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(i) the modified adjusted gross income of the taxpayer, plus
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(ii) the aggregate modified adjusted gross incomes of all other individuals who—(I) were taken into account in determining the taxpayer’s family size under paragraph (1), and(II) were required to file a return of tax imposed by section 1 for the taxable year.
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(B) The term “modified adjusted gross income” means adjusted gross income increased by—(i) any amount excluded from gross income under section 911,(ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and(iii) an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.
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(A) No deduction shall be allowed—(i) for any miscellaneous itemized deduction (as defined in section 67(b)), or(ii) for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).Clause (ii) shall not apply to any amount allowable in computing adjusted gross income.
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(b) In the case of an individual who does not elect to itemize his deductions for the taxable year, for purposes of this subtitle, the term “taxable income” means adjusted gross income, minus—(1) the standard deduction,(2) the deduction for personal exemptions provided in section 151,(3) any deduction provided in section 199A,(4) the deduction provided in section 170(p),(5) the deduction provided in section 224,(6) the deduction provided in section 225 and1(7) so much of the deduction allowed by section 163(a) as is attributable to the exception under section 163(h)(4)(A).
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(1) the deductions allowable in arriving at adjusted gross income, and
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(a) In the case of an individual, the miscellaneous itemized deductions for any taxable year shall be allowed only to the extent that the aggregate of such deductions exceeds 2 percent of adjusted gross income.
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(e) For purposes of this section, the adjusted gross income of an estate or trust shall be computed in the same manner as in the case of an individual, except that—(1) the deductions for costs which are paid or incurred in connection with the administration of the estate or trust and which would not have been incurred if the property were not held in such trust or estate, andshall be treated as allowable in arriving at adjusted gross income. Under regulations, appropriate adjustments shall be made in the application of part I of subchapter J of this chapter to take into account the provisions of this section.
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(A) Paragraph (1) shall not apply to any taxpayer for any taxable year if the adjusted gross income (determined without regard to this subsection) of such taxpayer for such taxable year exceeds $1,000,000 (half of such amount in the case of a married individual filing a separate return).
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(B) For purposes of sections 85(c), 86, 135, 137, 219, 221, and 469, adjusted gross income shall be determined after the application of paragraph (1) and before the application of subparagraph (A).
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(1) In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment compensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200.
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(2) For purposes of paragraph (1), the adjusted gross income of the taxpayer shall be determined—(B) without regard to this section.
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(i) the modified adjusted gross income of the taxpayer for the taxable year, plus
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(2) For purposes of this subsection, the term “modified adjusted gross income” means adjusted gross income—
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(A) If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return).
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(A) the amount (if any) by which the taxpayer’s adjusted gross income exceeds $150,000, bears to
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(3) For purposes of paragraph (2), adjusted gross income shall be determined—(A) without regard to this section and sections 85(c)1 221, 911, 931, and 933, and
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(I) the modified adjusted gross income of the taxpayer for the taxable year in which the disposition occurs, over
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(B) For purposes of paragraph (4), the term “modified adjusted gross income” means adjusted gross income—(i) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is excluded from gross income under section 103, and(ii) decreased by the amount of gain (if any) included in gross income of the taxpayer by reason of the disposition to which this subsection applies.
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(A) In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the applicable amount in effect under section 68(b),1 the exemption amount shall be reduced by the applicable percentage.
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(B) For purposes of subparagraph (A), the term “applicable percentage” means 2 percentage points for each $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds the applicable amount in effect under section 68(b).1 In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting “$1,250” for “$2,500”. In no event shall the applicable percentage exceed 100 percent.
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(I) In the case of any taxpayer for any taxable year, the $6,000 amount in clause (i) shall be reduced (but not below zero) by 6 percent of so much of the taxpayer’s modified adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return).
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(II) For purposes of this clause, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(ii) if clause (i) does not apply, the taxpayer with the highest adjusted gross income for such taxable year.
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(ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.
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(C) If the parents of an individual may claim such individual as a qualifying child but no parent so claims the individual, such individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such taxpayer is higher than the highest adjusted gross income of any parent of the individual.
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(ii) The amount otherwise treated as interest under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer’s adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).
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(I) The amount which is otherwise allowable as a deduction under subsection (a) as qualified passenger vehicle loan interest (determined without regard to this clause and after the application of clause (i)) shall be reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the modified adjusted gross income of the taxpayer for the taxable year exceeds $100,000 ($200,000 in the case of a joint return).
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(II) For purposes of this clause, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(II) shall be based on the average consumption by taxpayers on a State-by-State basis (as determined by the Secretary) of items to which clause (i)(I) does not apply, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation, and
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(III) need only be determined with respect to adjusted gross incomes up to the applicable amount (as determined under section 68(b)1).
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(i) Except as provided in clause (iii), in the case of any taxable year beginning before January 1, 2030, the applicable limitation amount shall be reduced by 30 percent of the excess (if any) of the taxpayer’s modified adjusted gross income over the threshold amount (half the threshold amount in the case of a married individual filing a separate return).
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(iv) For purposes of this paragraph, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
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(ii) so much of such excess as exceeds 10 percent of the adjusted gross income of the individual.
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(A) In any case to which paragraph (2)(A) applies, the deduction for personal casualty losses for any taxable year shall be treated as a deduction allowable in computing adjusted gross income to the extent such losses do not exceed the personal casualty gains for the taxable year.
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(C) For purposes of paragraph (2), the adjusted gross income of an estate or trust shall be computed in the same manner as in the case of an individual, except that the deductions for costs paid or incurred in connection with the administration of the estate or trust shall be treated as allowable in arriving at adjusted gross income.
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(H) For purposes of this section, the term “contribution base” means adjusted gross income (computed without regard to any net operating loss carryback to the taxable year under section 172).
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(a) There shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, or a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof), to the extent that such expenses exceed 7.5 percent of adjusted gross income.
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(I) the taxpayer’s adjusted gross income for such taxable year, over
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(I) the taxpayer’s modified adjusted gross income for such taxable year, over
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(C) The term “modified adjusted gross income” means adjusted gross income determined—(i) without regard to this section and sections 85(c)1 911, 931, and 933, and
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(A) The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).
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(B) For purposes of this paragraph, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(A) The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).
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(B) For purposes of this paragraph, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(I) the taxpayer’s adjusted gross income for such taxable year, over
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(i) adjusted gross income shall be determined in the same manner as under section 219(g)(3), except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and
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(C) In the case of any individual described in subparagraph (B) performing services outside the United States, contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such employee, when expressed as an annual addition to such employee’s account, shall not be treated as exceeding the limitation of paragraph (1) if such annual addition is not in excess of $3,000. This subparagraph shall not apply with respect to any taxable year to any individual whose adjusted gross income for such taxable year (determined separately and without regard to community property laws) exceeds $17,000.
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(A) In the case of any taxpayer, the $25,000 amount under paragraph (2) shall be reduced (but not below zero) by 50 percent of the amount by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000.
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(E) For purposes of this paragraph, adjusted gross income shall be determined without regard to—(i) any amount includible in gross income under section 86,(iv) any passive activity loss or any loss allowable by reason of subsection (c)(7).
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(11) In the case of any trust described in section 511(b), the deduction allowed by section 170 (relating to charitable etc. contributions and gifts) shall be allowed (whether or not directly connected with the carrying on of the trade or business), and for such purpose a distribution made by the trust to a beneficiary described in section 170 shall be considered as a gift or contribution. The deduction allowed by this paragraph shall be allowed with the limitations prescribed in section 170(b)(1)(A) and (B) determined with reference to the unrelated business taxable income computed without the benefit of this paragraph (in lieu of with reference to adjusted gross income).
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(i) the contributor’s modified adjusted gross income for such taxable year, over
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(2) For purposes of paragraph (1), the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
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(b) In the case of the disposal of timber held for more than 1 year before such disposal, by the owner thereof under any form or type of contract by virtue of which such owner either retains an economic interest in such timber or makes an outright sale of such timber, the difference between the amount realized from the disposal of such timber and the adjusted depletion basis thereof, shall be considered as though it were a gain or loss, as the case may be, on the sale of such timber. In determining the gross income, the adjusted gross income, or the taxable income of the lessee, the deductions allowable with respect to rents and royalties shall be determined without regard to the provisions of this subsection. In the case of disposal of timber with a retained economic interest, the date of disposal of such timber shall be deemed to be the date such timber is cut, but if payment is made to the owner under the contract before such timber is cut the owner may elect to treat the date of such payment as the date of disposal of such timber. For purposes of this subsection, the term “owner” means any person who owns an interest in such timber, including a sublessor and a holder of a contract to cut timber.
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(c) In the case of the disposal of coal (including lignite), or iron ore mined in the United States, held for more than 1 year before such disposal, by the owner thereof under any form of contract by virtue of which such owner retains an economic interest in such coal or iron ore, the difference between the amount realized from the disposal of such coal or iron ore and the adjusted depletion basis thereof plus the deductions disallowed for the taxable year under section 272 shall be considered as though it were a gain or loss, as the case may be, on the sale of such coal or iron ore. If for the taxable year of such gain or loss the maximum rate of tax imposed by this chapter on any net capital gain is less than such maximum rate for ordinary income, such owner shall not be entitled to the allowance for percentage depletion provided in section 613 with respect to such coal or iron ore. This subsection shall not apply to income realized by any owner as a co-adventurer, partner, or principal in the mining of such coal or iron ore, and the word “owner” means any person who owns an economic interest in coal or iron ore in place, including a sublessor. The date of disposal of such coal or iron ore shall be deemed to be the date such coal or iron ore is mined. In determining the gross income, the adjusted gross income, or the taxable income of the lessee, the deductions allowable with respect to rents and royalties shall be determined without regard to the provisions of this subsection. This subsection shall have no application, for purposes of applying subchapter G, relating to corporations used to avoid income tax on shareholders (including the determinations of the amount of the deductions under section 535(b)(6) or section 545(b)(5)). This subsection shall not apply to any disposal of iron ore or coal—(1) to a person whose relationship to the person disposing of such iron ore or coal would result in the disallowance of losses under section 267 or 707(b), or(2) to a person owned or controlled directly or indirectly by the same interests which own or control the person disposing of such iron ore or coal.
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(ii) For purposes of section 170(b)(1)(G), adjusted gross income shall be computed in the same manner as in the case of an individual, except that the deductions for costs which are paid or incurred in connection with the administration of the trust and which would not have been incurred if the property were not held in such trust shall be treated as allowable in arriving at adjusted gross income.
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(II) by applying section 67(e) (without the reference to section 642(b)) for purposes of determining the adjusted gross income of the trust.
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(A) To the extent the housing cost amount of any individual for any taxable year is not attributable to employer provided amounts, such amount shall be treated as a deduction allowable in computing adjusted gross income to the extent of the limitation of subparagraph (B).
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(i) The amount not allowable as a deduction for any taxable year under subparagraph (A) by reason of the limitation of subparagraph (B) shall be treated as a deduction allowable in computing adjusted gross income for the succeeding taxable year (and only for the succeeding taxable year) to the extent of the limitation of clause (ii) for such succeeding taxable year.
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(A) For purposes of paragraph (1), the term “applicable percentage” means the percentage which Virgin Islands adjusted gross income bears to adjusted gross income.
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(B) For purposes of subparagraph (A), the term “Virgin Islands adjusted gross income” means adjusted gross income determined by taking into account only income derived from sources within the Virgin Islands and deductions properly apportioned or allocable thereto.
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(d) In the case of a joint return, this section shall be applied on the basis of the residence of the spouse who has the greater adjusted gross income (determined without regard to community property laws) for the taxable year.
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(B) Any—(i) amount allowed as a deduction under subsection (a)(2), and(ii) loss on the sale or other disposition of marketable stock in a passive foreign investment company (with respect to which an election under this section is in effect) to the extent that the amount of such loss does not exceed the unreversed inclusions with respect to such stock,shall be treated as an ordinary loss. The amount so treated shall be treated as a deduction allowable in computing adjusted gross income.
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(i) the modified adjusted gross income for such taxable year, over
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(i) the adjusted gross income (as defined in section 67(e)) for such taxable year, over
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(d) For purposes of this chapter, the term “modified adjusted gross income” means adjusted gross income increased by the excess of—(1) the amount excluded from gross income under section 911(a)(1), over(2) the amount of any deductions (taken into account in computing adjusted gross income) or exclusions disallowed under section 911(d)(6) with respect to the amounts described in paragraph (1).
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(2) the amount of any deductions (taken into account in computing adjusted gross income) or exclusions disallowed under section 911(d)(6) with respect to the amounts described in paragraph (1).
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(1) estimated itemized deductions allowable under chapter 1 and the estimated deduction allowed under section 199A (other than the deductions referred to in section 151 and other than the deductions required to be taken into account in determining adjusted gross income under section 62(a)),
Citations to §62(a)(2)(A)
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(B) such qualified reimbursements shall be treated as paid under a reimbursement or other expense allowance arrangement for purposes of section 62(a)(2)(A) (and section 62(c) shall not apply to such qualified reimbursements).
Citations to §62(a)(2)(D)
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(g) For purposes of subsection (b)(13), the term “educator expenses” means expenses of a type which would be described in section 62(a)(2)(D) if—(1) such section were applied—(A) without regard to the dollar limitation,(B) without regard to “(other than nonathletic supplies for courses of instruction in health or physical education)” in clause (ii) thereof, and(C) by substituting “as part of instructional activity” for “in the classroom” in clause (ii) thereof, and(2) section 62(d)(1)(A) were applied by inserting “, interscholastic sports administrator or coach,” after “counselor”
Citations to §62(b)(3)(D)
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(C) such child does not file a joint return for the taxable year.
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(I) in the case of a joint return or surviving spouse, $77,200,
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(I) in the case of a joint return or surviving spouse, $479,000 (½ such amount in the case of a married individual filing a separate return),
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(B) unless, for the taxpayer’s taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof).
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(B) further reduced (but not below 20 percent) by 1 percentage point for each $2,000 ($4,000 in the case of a joint return) or fraction thereof by which the taxpayer’s adjusted gross income for the taxable year exceeds $75,000 ($150,000 in the case of a joint return).
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(2) If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year.
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(1) If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart).
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(i) $5,000 in the case of a single individual, or a joint return where only one spouse is a qualified individual,
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(ii) $7,500 in the case of a joint return where both spouses are qualified individuals, or
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(ii) In the case of a joint return where both spouses are qualified individuals and at least one spouse has not attained age 65 before the close of the taxable year—(I) if both spouses have not attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of such spouses’ disability income, or(II) if one spouse has attained age 65 before the close of the taxable year, the initial amount shall not exceed the sum of $5,000 plus the disability income for the taxable year of the spouse who has not attained age 65 before the close of the taxable year.
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(A) The reduction under this paragraph is an amount equal to the sum of the amounts received by the individual (or, in the case of a joint return, by either spouse) as a pension or annuity or as a disability benefit—(i) which is excluded from gross income and payable under—(I) title II of the Social Security Act,(II) the Railroad Retirement Act of 1974, or(III) a law administered by the Department of Veterans Affairs, or(ii) which is excluded from gross income under any provision of law not contained in this title.No reduction shall be made under clause (i)(III) for any amount described in section 104(a)(4).
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(2) $10,000 in the case of a joint return, or
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(1) Except in the case of a husband and wife who live apart at all times during the taxable year, if the taxpayer is married at the close of the taxable year, the credit provided by this section shall be allowed only if the taxpayer and his spouse file a joint return for the taxable year.
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(A) $110,000 in the case of a joint return,
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(3) In lieu of the amount determined under subsection (b)(2), the threshold amount shall be $400,000 in the case of a joint return ($200,000 in any other case).
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(i) the taxpayer’s social security number (or, in the case of a joint return, the social security number of at least 1 spouse), and
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(I) $60,000 in the case of a joint return or surviving spouse (as defined in section 2(a)),
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(ii) $80,000 ($160,000 in the case of a joint return), bears to
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(B) $10,000 ($20,000 in the case of a joint return).
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(6) If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(1) In the case of a joint return, the applicable percentage is—(A) if the adjusted gross income of the taxpayer is not over $30,000, 50 percent,(B) if the adjusted gross income of the taxpayer is over $30,000 but not over $32,500, 20 percent,(C) if the adjusted gross income of the taxpayer is over $32,500 but not over $50,000, 10 percent, and(D) if the adjusted gross income of the taxpayer is over $50,000, zero percent.
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(D) For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution.
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(A) in the case of a joint return or a surviving spouse (as defined in section 2(a)), $150,000,
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(i) in the case of a joint return or a surviving spouse (as defined in section 2(a)), $300,000,
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(B) In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000.
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(1) In the case of an individual who is married, this section shall apply only if a joint return is filed for the taxable year under section 6013.
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(i) is married (as determined under section 7703(a)) and does not file a joint return for the taxable year,
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(2) In the case of a joint return, the requirements of paragraph (1)(A) shall be treated as met with respect to any month if at least 1 spouse satisfies such requirements.
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(II) $125,000 ($225,000 in the case of a joint return), bears to
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(5) In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection.
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(B) The applicable second lowest cost silver plan with respect to any applicable taxpayer is the second lowest cost silver plan of the individual market in the rating area in which the taxpayer resides which—(i) is offered through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered, and(ii) provides—(I) self-only coverage in the case of an applicable taxpayer—(aa) whose tax for the taxable year is determined under section 1(c)2 (relating to unmarried individuals other than surviving spouses and heads of households) and who is not allowed a deduction under section 151 for the taxable year with respect to a dependent, or(II) family coverage in the case of any other applicable taxpayer.If a taxpayer files a joint return and no credit is allowed under this section with respect to 1 of the spouses by reason of subsection (e), the taxpayer shall be treated as described in clause (ii)(I) unless a deduction is allowed under section 151 for the taxable year with respect to a dependent other than either spouse and subsection (e) does not apply to the dependent.
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(C) If the taxpayer is married (within the meaning of section 7703) at the close of the taxable year, the taxpayer shall be treated as an applicable taxpayer only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(II) married and file a joint return.
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(i) a joint return, or
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(i) a joint return, or
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(B) do not file a joint return under section 6013 with each other for a taxable year beginning or ending in the calendar year;
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(1) an individual does not file a joint return for any taxable year,
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(ii) If, with respect to the plan, the individual covered by the long-term care coverage to which such distribution relates is the spouse of the employee, clause (i) shall apply only if the employee and the employee’s spouse file a joint return.
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(1) In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment compensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200.
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(B) $32,000 in the case of a joint return, and
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(i) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and
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(B) $44,000 in the case of a joint return, and
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(2) In the case of a husband and wife who make a joint return for the taxable year of the sale or exchange of the property—(A) Paragraph (1) shall be applied by substituting “$500,000” for “$250,000” if—(i) either spouse meets the ownership requirements of subsection (a) with respect to such property;(ii) both spouses meet the use requirements of subsection (a) with respect to such property; and(iii) neither spouse is ineligible for the benefits of subsection (a) with respect to such property by reason of paragraph (3).(B) If such spouses do not meet the requirements of subparagraph (A), the limitation under paragraph (1) shall be the sum of the limitations under paragraph (1) to which each spouse would be entitled if such spouses had not been married. For purposes of the preceding sentence, each spouse shall be treated as owning the property during the period that either spouse owned the property.
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(1) If a husband and wife make a joint return for the taxable year of the sale or exchange of the property, subsections (a) and (c) shall apply if either spouse meets the ownership and use requirements of subsection (a) with respect to such property.
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(A) If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return).
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(3) If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and his spouse file a joint return for the taxable year.
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(b) An exemption of the exemption amount for the taxpayer; and an additional exemption of the exemption amount for the spouse of the taxpayer if a joint return is not made by the taxpayer and his spouse, and if the spouse, for the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not the dependent of another taxpayer.
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(II) in the case of a joint return, the taxpayer’s spouse, if such spouse has attained age 65 before the close of the taxable year.
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(I) In the case of any taxpayer for any taxable year, the $6,000 amount in clause (i) shall be reduced (but not below zero) by 6 percent of so much of the taxpayer’s modified adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return).
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(v) If the taxpayer is a married individual (within the meaning of section 7703), this subparagraph shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(2) An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
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(E) who has not filed a joint return (other than only for a claim of refund) with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
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(B) If the parents claiming any qualifying child do not file a joint return together, such child shall be treated as the qualifying child of—(i) the parent with whom the child resided for the longest period of time during the taxable year, or(ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.
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(I) The amount which is otherwise allowable as a deduction under subsection (a) as qualified passenger vehicle loan interest (determined without regard to this clause and after the application of clause (i)) shall be reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the modified adjusted gross income of the taxpayer for the taxable year exceeds $100,000 ($200,000 in the case of a joint return).
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(ii) If a married couple does not file a joint return for the taxable year—(I) such couple shall be treated as 1 taxpayer for purposes of clause (i), and(II) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence.
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(B) For purposes of this subsection, a husband and wife making a joint return for the taxable year shall be treated as 1 individual.
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(p) In the case of any taxable year, if the individual does not elect to itemize deductions for such taxable year, the deduction under this section shall be equal to the deduction, not in excess of 1,000 ($2,000 in the case of a joint return), which would be determined under this section if the only charitable contributions taken into account in determining such deduction were contributions made in cash during such taxable year (determined without regard to subsections (b)(1)(G)(ii), (b)(1)(I), and (d)(1)) to an organization described in section 170(b)(1)(A) and not—(1) to an organization described in section 509(a)(3), or(2) for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2)).
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(I) the taxable income of a taxpayer for any taxable year exceeds the threshold amount, but does not exceed the sum of the threshold amount plus $75,000 ($150,000 in the case of a joint return), and
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(II) $75,000 ($150,000 in the case of a joint return).
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(A) If, for any taxable year, the taxable income of any taxpayer is less than the sum of the threshold amount plus $75,000 ($150,000 in the case of a joint return), then—(i) any specified service trade or business of the taxpayer shall not fail to be treated as a qualified trade or business due to paragraph (1)(A), but(ii) only the applicable percentage of qualified items of income, gain, deduction, or loss, and the W–2 wages and the unadjusted basis immediately after acquisition of qualified property, of the taxpayer allocable to such specified service trade or business shall be taken into account in computing the qualified business income, W–2 wages, and the unadjusted basis immediately after acquisition of qualified property of the taxpayer for the taxable year for purposes of applying this section.
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(ii) $75,000 ($150,000 in the case of a joint return).
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(A) The term “threshold amount” means $157,500 (200 percent of such amount in the case of a joint return).
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(A) such individual files a joint return for the taxable year, and
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(ii) $10,000 ($20,000 in the case of a joint return).
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(i) In the case of a taxpayer filing a joint return, $80,000.
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(II) $50,000 ($100,000 in the case of a joint return), bears to
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(ii) $15,000 ($30,000 in the case of a joint return).
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(2) If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(A) The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).
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(f) If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(1) The amount allowed as a deduction under this section for any taxable year shall not exceed $12,500 ($25,000 in the case of a joint return).
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(A) The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).
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(e) If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
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(ii) $15,000 ($10,000 in the case of a joint return or a married individual filing a separate return).
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(I) in the case of a taxpayer filing a joint return, $150,000,
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(II) $250,000 (200 percent of such amount in the case of a joint return).
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(B) This paragraph shall apply to a taxpayer for a taxable year if—(i) more than one-half of the personal services performed in trades or businesses by the taxpayer during such taxable year are performed in real property trades or businesses in which the taxpayer materially participates, and(ii) such taxpayer performs more than 750 hours of services during the taxable year in real property trades or businesses in which the taxpayer materially participates.In the case of a joint return, the requirements of the preceding sentence are satisfied if and only if either spouse separately satisfies such requirements. For purposes of the preceding sentence, activities in which a spouse materially participates shall be determined under subsection (h).
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(5) which deal with changes in marital status and changes between joint returns and separate returns.
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(ii) $95,000 ($190,000 in the case of a joint return), bears to
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(B) $15,000 ($30,000 in the case of a joint return).
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(1) In the case of a qualified joint venture conducted by a husband and wife who file a joint return for the taxable year, for purposes of this title—(A) such joint venture shall not be treated as a partnership,(B) all items of income, gain, loss, deduction, and credit shall be divided between the spouses in accordance with their respective interests in the venture, and(C) each spouse shall take into account such spouse’s respective share of such items as if they were attributable to a trade or business conducted by such spouse as a sole proprietor.
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(B) the amount of the creditable foreign taxes paid or accrued by the individual during the taxable year does not exceed $300 ($600 in the case of a joint return), and
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(B) such individual files a joint return for the taxable year with an individual described in subparagraph (A).
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(B) such individual files a joint return for the taxable year with an individual described in subparagraph (A).
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(d) In the case of a joint return, this section shall be applied on the basis of the residence of the spouse who has the greater adjusted gross income (determined without regard to community property laws) for the taxable year.
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(B) In the case of any joint return, the amount of gain taken into account under subsection (a) shall be allocated equally between the spouses for purposes of applying this subsection to subsequent taxable years.
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(2) $100,000, in the case of a husband and wife filing a joint return for such year under section 6013.
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(B) In the case of a married individual (within the meaning of section 7703), the spouse may elect to have the debtor’s election under subparagraph (A) also apply to the spouse, but only if the debtor and the spouse file a joint return for the taxable year referred to in subparagraph (A)(i).
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(i) in the case of a joint return, $250,000,
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(1) in the case of a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $250,000,
Citations to §62(c)
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(B) such qualified reimbursements shall be treated as paid under a reimbursement or other expense allowance arrangement for purposes of section 62(a)(2)(A) (and section 62(c) shall not apply to such qualified reimbursements).
Citations to §62(d)(1)(A)
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(2) section 62(d)(1)(A) were applied by inserting “, interscholastic sports administrator or coach,” after “counselor”
Citations to §62(d)(1)(B)
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(B) is eligible to enroll in a public elementary or secondary school.
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(A) such organization provides scholarships to 10 or more students who do not all attend the same school,
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(II) as not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date,
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(I) an organization described in section 170(b)(1)(A)(ii) above the secondary school level (other than a school for religious training),
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(1) For purposes of subsection (a)(13), the term “qualified public educational facility” means any school facility which is—(B) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2).
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(i) to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and
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(ii) at the end of the term of the agreement, to transfer the school facility to such agency for no additional consideration, and
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(B) the term of which does not exceed the term of the issue to be used to provide the school facility.
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(3) For purposes of this subsection, the term “school facility” means—(A) any school building,(B) any functionally related and subordinate facility and land with respect to such building, including any stadium or other facility primarily used for school events, and(C) any property, to which section 168 applies (or would apply but for section 179), for use in a facility described in subparagraph (A) or (B).
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(A) any school building,
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(B) any functionally related and subordinate facility and land with respect to such building, including any stadium or other facility primarily used for school events, and
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(4) For purposes of this subsection, the terms “elementary school” and “secondary school” have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), as in effect on the date of the enactment of this subsection.
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(vii) Each of the $5,000,000 amounts in the preceding provisions of this subparagraph shall be increased by the lesser of $10,000,000 or so much of the aggregate face amount of the bonds as are attributable to financing the construction (within the meaning of subparagraph (C)(iv)) of public school facilities.
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(B) For purposes of subparagraph (A), the term “sheltered workshop” means a school—(i) which provides special instruction or training designed to alleviate the disability of the individual, and(ii) which is operated by an organization described in section 501(c)(3) and exempt from tax under section 501(a), or by a State, a possession of the United States, any political subdivision of any of the foregoing, the United States, or the District of Columbia.
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(ii) service (including parental, medical, sabbatical, and similar leave) as an employee (other than as an employee described in clause (i)) of an educational organization described in section 170(b)(1)(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12), or a comparable level of education, as determined under the applicable law of the jurisdiction in which the service was performed,
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(C) section 170(b)(1)(A)(iv) (relating to organizations supporting government schools),
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(7) Any reference in this section to the term “qualified higher education expense” shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school:(A) Tuition.(B) Curriculum and curricular materials.(C) Books or other instructional materials.(D) Online educational materials.(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and—(i) is licensed as a teacher in any State,(ii) has taught at an eligible educational institution, or(iii) is a subject matter expert in the relevant subject.(F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission.(G) Fees for dual enrollment in an institution of higher education.(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.
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(i) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as an elementary or secondary school student at a public, private, or religious school,
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(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance, and