U.S. Tax Law: Internal Revenue Code
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USC Title 26 enacted through 2008

§ 58. Denial of certain losses

 
(a)
Denial of farm loss
 
(1)
In general
 
For purposes of computing the amount of the alternative minimum taxable income for any taxable year of a taxpayer other than a corporation -
 
(A)
Disallowance of farm loss
 
No loss of the taxpayer for such taxable year from any tax shelter farm activity shall be allowed.
 
(B)
Deduction in succeeding taxable year
 
Any loss from a tax shelter farm activity disallowed under subparagraph (A) shall be treated as a deduction allocable to such activity in the 1st succeeding taxable year.
 
(2)
Tax shelter farm activity
 
For purposes of this subsection, the term "tax shelter farm activity" means -
 
(A)
any farming syndicate as defined in section 464(c), and
 
(B)
any other activity consisting of farming which is a passive activity (within the meaning of section 469(c)).
 
(3)
Application to personal service corporations
 
For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation.
 
(4)
Determination of loss
 
In determining the amount of the loss from any tax shelter farm activity, the adjustments of sections 56 and 57 shall apply.
 
(b)
Disallowance of passive activity loss
 
In computing the alternative minimum taxable income of the taxpayer for any taxable year, section 469 shall apply, except that in applying section 469 -
 
(1)
the adjustments of sections 56 and 57 shall apply,
 
(2)
the provisions of section 469(m) (relating to phase-in of disallowance) shall not apply, and
 
(3)
in lieu of applying section 469(j)(7), the passive activity loss of a taxpayer shall be computed without regard to qualified housing interest (as defined in section 56(e)).
 
(c)
Special rules
 
For purposes of this section -
 
(1)
Special rule for insolvent taxpayers
 
(A)
In general
 
The amount of losses to which subsection (a) or (b) applies shall be reduced by the amount (if any) by which the taxpayer is insolvent as of the close of the taxable year.
 
(B)
Insolvent
 
For purposes of this paragraph, the term "insolvent" means the excess of liabilities over the fair market value of assets.
 
(2)
Loss allowed for year of disposition of farm shelter activity
 
If the taxpayer disposes of his entire interest in any tax shelter farm activity during any taxable year, the amount of the loss attributable to such activity (determined after carryovers under subsection (a)(1)(B)) shall (to the extent otherwise allowable) be allowed for such taxable year in computing alternative minimum taxable income and not treated as a loss from a tax shelter farm activity.








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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Tax Code (Internal Revenue Code) Section Index




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