I.R.C. § 173(a) General Rule
Notwithstanding section 263, all expenditures (other than expenditures for the purchase of land or depreciable
property or for the acquisition of circulation through
the purchase of any part of the business of another publisher of a newspaper, magazine,
or other periodical) to establish, maintain, or increase the circulation of a newspaper,
magazine, or other periodical
shall be allowed as a deduction; except that the deduction shall not be allowed with
respect to the portion of such expenditures as, under regulations prescribed by the
Secretary, is chargeable to capital account if the taxpayer elects, in accordance
with such regulations, to treat such portion as so chargeable. Such election, if
made, must be for the total amount of such portion of the expenditures which is so
chargeable to capital account, and shall be binding for all subsequent taxable years
unless, upon application by the taxpayer, the Secretary permits a revocation of such
election subject to such conditions as he deems necessary.
I.R.C. § 173(b) Cross Reference
For election of 3-year amortization of expenditures allowable as a deduction under
subsection (a), see section 59(e).
(Aug. 16, 1954, ch. 736, 68A Stat. 65; Oct. 4, 1976,
Pub. L. 94-455, title XIX, 1906(b)(13)(A), 90 Stat. 1834; Sept. 3, 1982, Pub. L. 97-248, title II, 201(d)(9)(A), formerly 201(c)(9)(A), 96 Stat. 420, redesignated Jan.
12, 1983, Pub. L. 97-448, title III, 306(a)(1)(A)(i), 96 Stat. 2400; July 18, 1984, Pub. L. 98-369, div. A, title VII, 711(a)(3)(C), 98 Stat. 942; Oct. 22, 1986, Pub. L. 99-514,
title VII, 701(e)(4)(D), 100 Stat. 2343; Nov. 10, 1988, Pub. L. 100-647, title I, 1007(g)(5), 102 Stat. 3435.)
1988--Subsec. (b). Pub. L. 100-647 substituted “section 59(e)"
for “section 59(d)”.
1986--Subsec. (b). Pub. L. 99-514 substituted “section 59(d)"
for “section 58(i)”.
1984--Subsec. (b). Pub. L. 98-369 substituted “3-year” for
1982--Pub. L. 97-248, 201(d)(9)(A), designated existing provisions as subsec. (a), added subsec. (a) heading,
and added subsec. (b).
1976--Pub. L. 94-455 struck out “or his delegate” after “Secretary"
in two places.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax
Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions
and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility
Act of 1982, Pub. L. 97-248, to which such amendment relates, see section 715 of Pub. L. 98-369, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to taxable years beginning after Dec. 31, 1982, see section 201(e)(1)
of Pub. L. 97-248, set out as a note under section 5 of this title.
APPLICABILITY OF CERTAIN AMENDMENTS BY PUBLIC LAW 99-514 IN RELATION TO TREATY OBLIGATIONS
OF UNITED STATES
For applicability of amendment by Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22,
1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2),
(4) of Pub. L. 100-647, set out as a note under section 861 of this title.