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Internal Revenue Code, § 62. Adjusted Gross Income Defined

I.R.C. § 62(a) General Rule
For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
I.R.C. § 62(a)(1) Trade And Business Deductions
The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.
I.R.C. § 62(a)(2) Certain Trade And Business Deductions Of Employees
I.R.C. § 62(a)(2)(A) Reimbursed Expenses Of Employees
The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.
I.R.C. § 62(a)(2)(B) Certain Expenses Of Performing Artists
The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee.
I.R.C. § 62(a)(2)(C) Certain Expenses Of Officials
The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.
I.R.C. § 62(a)(2)(D) Certain Expenses Of Elementary And Secondary School Teachers
The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator—
I.R.C. § 62(a)(2)(D)(i)
by reason of the participation of the educator in professional development courses related to the curriculum in which the educator provides instruction or to the students for which the educator provides instruction, and
I.R.C. § 62(a)(2)(D)(ii)
in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom.
I.R.C. § 62(a)(2)(E) Certain Expenses Of Members Of Reserve Components Of The Armed Forces Of The United States
The deductions allowed by section 162 which consist of expenses, determined at a rate not in excess of the rates for travel expenses (including per diem in lieu of subsistence) authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States for any period during which such individual is more than 100 miles away from home in connection with such services.
I.R.C. § 62(a)(3) Losses From Sale Or Exchange Of Property
The deductions allowed by part VI (sec. 161 and following) as losses from the sale or exchange of property.
I.R.C. § 62(a)(4) Deductions Attributable To Rents And Royalties
The deductions allowed by part VI (sec. 161 and following), by section 212 (relating to expenses for production of income), and by section 611 (relating to depletion) which are attributable to property held for the production of rents or royalties.
I.R.C. § 62(a)(5) Certain Deductions Of Life Tenants And Income Beneficiaries Of Property
In the case of a life tenant of property, or an income beneficiary of property held in trust, or an heir, legatee, or devisee of an estate, the deduction for depreciation allowed by section 167 and the deduction allowed by section 611.
I.R.C. § 62(a)(6) Pension, Profit-Sharing, And Annuity Plans Of Self-Employed Individuals
In the case of an individual who is an employee within the meaning of section 401(c)(1), the deduction allowed by section 404.
I.R.C. § 62(a)(7) Retirement Savings
The deduction allowed by section 219 (relating to deduction of certain retirement savings).
I.R.C. § 62(a)(8) Repealed
[Repealed. Pub. L. 104-188, Sec. 1401(b), Aug. 20, 1996, 110 Stat. 1755]
I.R.C. § 62(a)(9) Penalties Forfeited Because Of Premature Withdrawal Of Funds From Time Savings Accounts Or Deposits
The deductions allowed by section 165 for losses incurred in any transaction entered into for profit, though not connected with a trade or business, to the extent that such losses include amounts forfeited to a bank, mutual savings bank, savings and loan association, building and loan association, cooperative bank or homestead association as a penalty for premature withdrawal of funds from a time savings account, certificate of deposit, or similar class of deposit.
I.R.C. § 62(a)(10) Repealed
[Repealed. Pub. L. 115-97, Sec. 11051(b)(2)(A), Dec. 22, 2017, 131 Stat. 2054.]
I.R.C. § 62(a)(11) Reforestation Expenses
The deduction allowed by section 194.
I.R.C. § 62(a)(12) Certain Required Repayments Of Supplemental Unemployment Compensation Benefits
The deduction allowed by section 165 for the repayment to a trust described in paragraph (9) or (17) of section 501(c) of supplemental unemployment compensation benefits received from such trust if such repayment is required because of the receipt of trade readjustment allowances under section 231 or 232 of the Trade Act of 1974 (19 U.S.C. 2291 and 2292).
I.R.C. § 62(a)(13) Jury Duty Pay Remitted To Employer
Any deduction allowable under this chapter by reason of an individual remitting any portion of any jury pay to such individual's employer in exchange for payment by the employer of compensation for the period such individual was performing jury duty. For purposes of the preceding sentence, the term “jury pay” means any payment received by the individual for the discharge of jury duty.
I.R.C. § 62(a)(14) Repealed
[Repealed. Pub. L. 113-295, Div. A, Sec. 101(a)]
I.R.C. § 62(a)(15) Moving Expenses
The deduction allowed by section 217.
I.R.C. § 62(a)(16) Archer MSAs
The deduction allowed by section 220.
I.R.C. § 62(a)(17) Interest On Education Loans
The deduction allowed by section 221.
I.R.C. § 62(a)(18) Higher Education Expenses
The deduction allowed by section 222.
I.R.C. § 62(a)(19) Health Savings Accounts
The deduction allowed by section 223.
I.R.C. § 62(a)(20) Costs Involving Discrimination Suits, Etc.
Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any action involving a claim of unlawful discrimination (as defined in subsection (e)) or a claim of a violation of subchapter III of chapter 37 of title 31, United States Code, or a claim made under section 1862(b)(3)(A) of the Social Security Act (42 U.S.C. 1395y(b)(3)(A)). The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim.
I.R.C. § 62(a)(21) Attorneys Fees Relating To Awards To Whistleblowers
I.R.C. § 62(a)(21)(A) In General
Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under—
I.R.C. § 62(a)(21)(A)(i)
section 7623(b), or
I.R.C. § 62(a)(21)(A)(ii)
in the case of taxable years beginning after December 31, 2017, any action brought under—
I.R.C. § 62(a)(21)(A)(ii)(I)
section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u–6),
I.R.C. § 62(a)(21)(A)(ii)(II)
a State false claims act, including a State false claims act with qui tam provisions, or
I.R.C. § 62(a)(21)(A)(ii)(III)
section 23 of the Commodity Exchange Act (7 U.S.C. 26).
I.R.C. § 62(a)(21)(B) May Not Exceed Award
Subparagraph (A) shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of such award.
Nothing in this section shall permit the same item to be deducted more than once. Any deduction allowed by section 199A shall not be treated as a deduction described in any of the preceding paragraphs of this subsection.
I.R.C. § 62(a)(22) Charitable Contributions
In the case of taxable years beginning in 2020, the amount (not to exceed $300) of qualified charitable contributions made by an eligible individual during the taxable year.
I.R.C. § 62(b) Qualified Performing Artist
I.R.C. § 62(b)(1) In General
For purposes of subsection (a)(2)(B), the term “qualified performing artist” means, with respect to any taxable year, any individual if—
I.R.C. § 62(b)(1)(A)
such individual performed services in the performing arts as an employee during the taxable year for at least 2 employers,
I.R.C. § 62(b)(1)(B)
the aggregate amount allowable as a deduction under section 162 in connection with the performance of such services exceeds 10 percent of such individual's gross income attributable to the performance of such services, and
I.R.C. § 62(b)(1)(C)
the adjusted gross income of such individual for the taxable year (determined without regard to subsection (a)(2)(B)) does not exceed $16,000.
I.R.C. § 62(b)(2) Nominal Employer Not Taken Into Account
An individual shall not be treated as performing services in the performing arts as an employee for any employer during any taxable year unless the amount received by such individual from such employer for the performance of such services during the taxable year equals or exceeds $200.
I.R.C. § 62(b)(3) Special Rules For Married Couples
I.R.C. § 62(b)(3)(A) In General
Except in the case of a husband and wife who lived apart at all times during the taxable year, if the taxpayer is married at the close of the taxable year, subsection (a)(2)(B) shall apply only if the taxpayer and his spouse file a joint return for the taxable year.
I.R.C. § 62(b)(3)(B) Application Of Paragraph (1)
In the case of a joint return—
I.R.C. § 62(b)(3)(B)(i)
paragraph (1) (other than subparagraph (C) thereof) shall be applied separately with respect to each spouse, but
I.R.C. § 62(b)(3)(B)(ii)
paragraph (1)(C) shall be applied with respect to their combined adjusted gross income.
I.R.C. § 62(b)(3)(C) Determination Of Marital Status
For purposes of this subsection, marital status shall be determined under section 7703(a).
I.R.C. § 62(b)(3)(D) Joint Return
For purposes of this subsection, the term “joint return" means the joint return of a husband and wife made under section 6013.
I.R.C. § 62(c) Certain Arrangements Not Treated As Reimbursement Arrangements
For purposes of subsection (a)(2)(A), an arrangement shall in no event be treated as a reimbursement or other expense allowance arrangement if—
I.R.C. § 62(c)(1)
such arrangement does not require the employee to substantiate the expenses covered by the arrangement to the person providing the reimbursement, or
I.R.C. § 62(c)(2)
such arrangement provides the employee the right to retain any amount in excess of the substantiated expenses covered under the arrangement.
The substantiation requirements of the preceding sentence shall not apply to any expense to the extent that substantiation is not required under section 274(d) for such expense by reason of the regulations prescribed under the 2nd sentence thereof.
I.R.C. § 62(d) Definition; Special Rules
I.R.C. § 62(d)(1) Eligible Educator
I.R.C. § 62(d)(1)(A) In General
For purposes of subsection (a)(2)(D), the term “eligible educator” means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year.
I.R.C. § 62(d)(1)(B) School
The term “school” means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.
I.R.C. § 62(d)(2) Coordination With Exclusions
A deduction shall be allowed under subsection (a)(2)(D) for expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.
I.R.C. § 62(d)(3) Inflation Adjustment
In the case of any taxable year beginning after 2015, the $250 amount in subsection (a)(2)(D) shall be increased by an amount equal to—
I.R.C. § 62(d)(3)(A)
such dollar amount, multiplied by
I.R.C. § 62(d)(3)(B)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2014” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.
I.R.C. § 62(e) Unlawful Discrimination Defined
For purposes of subsection (a)(20), the term “unlawful discrimination” means an act that is unlawful under any of the following:
I.R.C. § 62(e)(1)
Section 302 of the Civil Rights Act of 1991 (42 U.S.C. 2000e-16b).
I.R.C. § 62(e)(2)
Section 201, 202, 203, 204, 205, 206, 207, or 208 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311, 1312, 1313, 1314, 1315, 1316, or 1317).
I.R.C. § 62(e)(3)
The National Labor Relations Act (29 U.S.C. 151 et seq.).
I.R.C. § 62(e)(4)
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
I.R.C. § 62(e)(5)
Section 4 or 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623 or 633a).
I.R.C. § 62(e)(6)
Section 501 or 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791 or 794).
I.R.C. § 62(e)(7)
Section 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1140).
I.R.C. § 62(e)(8)
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
I.R.C. § 62(e)(9)
The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).
I.R.C. § 62(e)(10)
The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102 et seq.).
I.R.C. § 62(e)(11)
Section 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615).
I.R.C. § 62(e)(12)
Chapter 43 of title 38, United States Code (relating to employment and reemployment rights of members of the uniformed services).
I.R.C. § 62(e)(13)
Section 1977, 1979, or 1980 of the Revised Statutes (42 U.S.C. 1981, 1983, or 1985).
I.R.C. § 62(e)(14)
Section 703, 704, or 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2, 2000e-3, or 2000e-16).
I.R.C. § 62(e)(15)
Section 804, 805, 806, 808, or 818 of the Fair Housing Act (42 U.S.C. 3604, 3605, 3606, 3608, or 3617).
I.R.C. § 62(e)(16)
Section 102, 202, 302, or 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112, 12132, 12182, or 12203).
I.R.C. § 62(e)(17)
Any provision of Federal law (popularly known as whistleblower protection provisions) prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted under Federal law.
I.R.C. § 62(e)(18)
Any provision of Federal, State, or local law, or common law claims permitted under Federal, State, or local law—
(i) providing for the enforcement of civil rights, or
(ii) regulating any aspect of the employment relationship, including claims for wages, compensation, or benefits, or prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted by law.
I.R.C. § 62(f) Definitions Relating To Qualified Charitable Contributions
For purposes of subsection (a)(22)—
I.R.C. § 62(f)(1) Eligible Individual
The term “eligible individual” means any individual who does not elect to itemize deductions.
I.R.C. § 62(f)(2) Qualified Charitable Contributions
The term “qualified charitable contribution” means a charitable contribution (as defined in section 170(c))—
I.R.C. § 62(f)(2)(A)
which is made in cash,
I.R.C. § 62(f)(2)(B)
for which a deduction is allowable under section 170 (determined without regard to subsection (b) thereof), and
I.R.C. § 62(f)(2)(C)
which is—
I.R.C. § 62(f)(2)(C)(i)
made to an organization described in section 170(b)(1)(A), and
I.R.C. § 62(f)(2)(C)(ii)
not—
I.R.C. § 62(f)(2)(C)(ii)(I)
to an organization described in section 509(a)(3), or
I.R.C. § 62(f)(2)(C)(ii)(II)
for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2)).
Such term shall not include any amount which is treated as a charitable contribution made in such taxable year by reason of subsection (b)(1)(G)(ii) or (d)(1) of section 170.
(Aug. 16, 1954, ch. 736, 68A Stat. 17; Amended by Oct. 10, 1962, Pub. L. 87-792, Sec. 7(b), 76 Stat. 828; Feb. 26, 1964, Pub. L. 88-272, title II, Sec. 213(b), 78 Stat. 52; Dec. 30, 1969, Pub. L. 91-172, title V, Sec. 531(b), 83 Stat. 655; Sept. 2, 1974, Pub. L. 93-406, title II, Sec. 2002(a)(2), 2005(c)(9), 88 Stat. 959, 992; Oct. 26, 1974, Pub. L. 93-483, Sec. 6(a), 88 Stat. 1458; Oct. 4, 1976, Pub. L. 94-455, title V, Sec. 502(a), title XV, Sec. 1501(b)(1), title XIX, Sec. 1901(a)(8), (9), 90 Stat. 1559, 1735, 1765; Nov. 8, 1978, Pub. L. 95-615, Sec. 203(b), 92 Stat. 3106; Oct. 14, 1980, Pub. L. 96-451, title III, Sec. 301(b), 94 Stat. 1990; Dec. 28, 1980, Pub. L. 96-608, Sec. 3(a), 94 Stat. 3551; Aug. 13, 1981, Pub. L. 97-34, title I, Sec. 103(b), 112(b)(2), title III, Sec. 311(h)(1), 95 Stat. 187, 195, 282; Oct. 19, 1982, Pub. L. 97-354, Sec. 5(a)(17), 96 Stat. 1693; July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 491(d)(2), 98 Stat. 849; Oct. 22, 1986, Pub. L. 99-514, title I, Sec. 131(b)(1), 132(b), (c), title III, Sec. 301(b)(1), title XVIII, Sec. 1875(c)(3), 100 Stat. 2113, 2115, 2116, 2217, 2894; Oct. 13, 1988, Pub. L. 100-485, title VII, Sec. 702(a), 102 Stat. 2426; Nov. 10, 1988, Pub. L. 100-647, title I, Sec. 1001(b)(3)(A), title VI, Sec. 6007(b), 102 Stat. 3349, 3687; Nov. 5, 1990, Pub. L. 101-508, title XI, Sec. 11802(e)(1), 104 Stat. 1388-530; Pub. L. 102-318, title V, Sec. 521(b)(2), July 3, 1992, 106 Stat. 290; Pub. L. 102-486, title XIX, Sec. 1913(a)(2), Oct. 24, 1992, 106 Stat. 2776 ; Pub. L. 103-66, title XIII, Sec. 13213(c)(1), Aug. 10, 1993, 107 Stat. 312; Pub. L. 104-188, title I, 1401, Aug. 20, 1996, 110 Stat. 1755; Pub. L. 104-191, title III, 301(b), Aug. 21, 1996, 110 Stat. 1936; Pub. L. 105-34, title II, IX, Sec. 202(b), 975(a), Aug. 5, 1997, 111 Stat 788; Pub. L. 106-554, Sec. 202, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107-16, title IV, Sec. 431(b), June 7, 2001, 115 Stat. 38; Pub. L. 107-147, title IV, Sec. 406, Mar. 9, 2002, 116 Stat. 21; Pub. L. 108-121, title I, Sec. 109(b), Nov. 11, 2003, 117 Stat. 1335; Pub. L. 108-173, title XII, Sec. 1201(b), Dec. 8, 2003, 117 Stat. 2066; Pub. L. 108-311, title III, Sec. 307(a), Oct. 4, 2004, 118 Stat. 1166; Pub. L. 108-357, title VII, Sec. 703(a), 703(b), Oct. 22, 2004, 118 Stat. 1418; Pub. L. 109-135, title IV, Sec. 412(q), Dec. 21, 2005, 119 Stat. 2577; Pub. L. 109-432, div. A, title I, IV, Sec. 108(a), 406(a)(3), Dec. 20, 2006, 120 Stat. 2922; Pub. L. 110-343, div. C, title II, Sec. 203(a), Oct. 3, 2008, 122 Stat. 3765; Pub. L. 111-312, title VII, Sec. 721, Dec. 17, 2010, 124 Stat. 3296; Pub. L. 112-240, title II, Sec. 201(a), Jan. 2, 2013, 126 Stat. 2313; Pub. L. 113-295, Div. A, title I, Sec. 101(a), 221(a)(34)(C), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 114-113, Div. Q, title I, Sec. 104, Dec. 18, 2015; Pub. L. 115-97, title I, Sec. 11002(d)(1)(J), 11011(b)(1), 11051(b)(2)(A), Dec. 22, 2017, 131 Stat. 2054; Pub. L. 115-123, div. D, title II, Sec. 41107(a), Feb. 9, 2018, 132 Stat. 64; Pub. L. 115-141, Div. T, Sec. 101(a)(2)(B), Div. U, title IV, Sec. 401(a)(31)-(32), Mar. 23, 2018, 132 Stat. 348; Pub. L. 116-92, Div. A, title XI, Sec. 1122(d)(2)(B), Dec. 20, 2019, 133 Stat. 1198; Pub. L. 116-136, Div. A, title II, Sec. 2204, Mar. 27, 2020.)
BACKGROUND NOTES
AMENDMENTS
2020—Subsec. (a). Pub. L. 116-136, Sec. 2204(a), amended Sec. (a) by adding new para. (22).
Subsec. (f). Pub. L. 116-136, Sec. 2204(b), amended by adding new subsec. (f).
2019—Subsec. (e)(2). Pub. L. 116-92, Div. A, Sec. 1122(d)(2)(B), amended par. (2) by substituting “207, or 208” for “or 207”.
2018--Subsec. (a). Pub. L. 115-141, Div. T, Sec. 101(a)(2)(B), amended the last sentence of subsec. (a) by substituting “Any deduction” for “The deduction”.
Subsec. (a)(20). Pub. L. 115-141, Div. U, Sec. 401(a)(31), amended par. (20) by inserting a comma after ‘‘United States Code’’.
Subsec. (e)(1). Pub. L. 115-141, Div. U, Sec. 401(a)(32), amended par. (1) by substituting ‘‘(42 U.S.C. 17 2000e–16b)’’ for ‘‘(2 U.S.C. 1202)’’.
Subsec. (a)(21). Pub. L. 115-123, Sec. 41107(a), amended par. (21). Before being amended, par. (21) read as follows:
“(21) Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under section 7623(b) (relating to awards to whistleblowers). The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of such award.
“Nothing in this section shall permit the same item to be deducted more than once.”
2017 — Subsec. (a). Pub. L. 115-97, title I, Sec. 11011(b)(1), amended subsec. (a) by adding the sentence at the end.
Subsec. (a)(10). Pub. L. 115-97, title I, Sec. 11051(b)(2)(A), amended subsec. (a) by striking par. (10). Before being struck, it read as follows:
“(10) Alimony.—The deduction allowed by section 215.”
Subsec. (d)(3)(B). Pub. L. 115-97, title I, Sec. 11002(d)(1)(J), amended subpar. (B) by substituting “for ‘calendar year 2016’ in subparagraph (A)(ii)” for ‘‘for ‘calendar year 1992’ in subparagraph (B)’’.
2015 - Subsec. (a)(2)(D). Pub. L. 114-113, Div. Q, Sec. 104(a), amended subpar. (D) by substituting “The deductions” for “In the case of taxable years beginning during 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, or 2014, the deductions’’.
Subsec. (a)(2)(D). Pub. L. 114-113, Div. Q, Sec. 104(c), amended subpar. (D) by substituting “educator—“ for “educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom.” and by adding clauses (i) and (ii).
Subsec. (d)(3). Pub. L. 114-113, Div. Q, Sec. 104(b), added par. (3).
2014 - Subsec. (a)(2)(D). Pub. L. 113-295, Sec. 101(a), amended subpar. (D) by substituting “2013, or 2014” for “or 2013”.
Subsec. (a)(14). Pub. L. 113-295, Div. A, Sec. 221(a)(34)(C), amended subsec. (a) by striking par. (14).
“(14) Deduction For Clean-Fuel Vehicles And Certain Refueling Property.—The deduction allowed by section 179A.”
2013 - Subsec. (a)(2)(D). Pub. L. 112-240, Sec. 201(a), amended subpar. (D) by substituting “2011, 2012, or 2013” for “or 2011”.
2010 - Subsec. (a)(2)(D). Pub. L. 111-312, Sec. 721(a), amended subpar. (D) by substituting “2009, 2010, or 2011” for “or 2009”.
2008 - Subsec. (a)(2)(D). Pub. L. 110-343, Div. C, Sec. 203(a), amended subpar. (D) by substituting “, 2007, 2008, or 2009” for “or 2007”.
2006 - Subsec. (a)(2)(D). Pub. L. 109-432, Sec. 108(a), amended subpar. (D) by substituting “2005, 2006, or 2007” for “or 2005”.
Subsec. (a)(21). Pub. L. 109-432, Sec. 406(a)(3), amended subsec. (a) by adding par. (21).
2005 - Subsec. (a)(19)-(20). Pub. L. 109-135, Sec. 412(q)(1), redesignated par. (19) (relating to costs involving discrimination suits) as par. (20).
Subsec. (e). Pub. L. 109-135, Sec. 412(q)(2), amended subsec. (e) by substituting “subsection (a)(20)” for “subsection (a)(19)”.
2004 - Subsec. (a)(19). Pub. L. 108-357, Sec. 703(a), added par. (19).
Subsec. (e). Pub. L. 108-357, Sec. 703(b), added subsec. (e).
Subsec. (a)(2)(D). Pub. L. 108-311, Sec. 307(a), amended subpar. (D) by substituting “, 2003, 2004, or 2005” for “or 2003”.
2003 - Subsec. (a)(19). Pub. L. 108-173, Sec. 1201(b), added par. (19).
Subsec. (a)(2)(E). Pub. L. 108-121, Sec. 109(b), added subpar. (E).
2002 - Subsec. (a)(2)(D). Pub. L. 107-147, Sec. 406(a), added subpar. (D).
Subsec. (d). Pub. L. 107-147, Sec. 406(b), added subsec. (d).
2001 - Subsec. (a)(18). Pub. L. 107-16, Sec. 431(b), added par. (18).
2000 - Subsec. (a)(16). Pub. L. 106-554, Sec. 202(b)(1), amended par. (16) by substituting “Archer MSA” for “Medical Spending Account” in the heading.
1997 - Subsec. (a)(2)(C). Pub. L. 105-34, Sec. 975(a), added subpar. (C).
Subsec. (a)(17). Pub. L. 105-34, Sec. 202(b), added par. (17).
1996 - Subsec. (a)(16). Pub. L. 104-191, Sec. 301(b), added par. (16).
Subsec. (a)(8). Pub. L. 104-188, Sec. 1401(b)(4) repealed par. (8). Before repeal, par. (8) read as follows:
“(8) Certain portion of lump-sum distributions from pension plans taxed under section 402(d)
The deduction allowed by section 402(d)(3).
1993 - Subsec. (a). Pub. L. 103-66, Section 13213(c)(1) amended subsection (a) by inserting after paragraph (14) a new paragraph (15).
1992 - Subsec. (a). Pub. L. 102-318, Section 521(b)(2) amended paragraph (8) by striking “402(e)” in the text and heading and inserting “402(d)”.
Subsec. (a). Pub. L. 102-486, Section 1913(a)(2) amended subsection (a) by inserting after paragraph (13) a new paragraph (14).
1990 - Subsec. (a)(13). Pub. L. 101-508, Sec. 11802(e)(1), amended par. (13) generally. Prior to amendment, par. (13) read as follows: ‘The deduction allowed by section 220.’
1988 - Subsec. (a)(2)(A). Pub. L. 100-647, Sec. 1001(b)(3)(A), inserted at end ‘The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.’
Subsec. (a)(13). Pub. L. 100-647, Sec. 6007(b), added par. (13).
Subsec. (c). Pub. L. 100-485, Sec. 702)(a), added subsec. (c).
1986 - Subsec. (a). Pub. L. 99-514, Sec. 132(b)(2)(A), designated existing provisions as subsec. (a) and added heading.
Subsec. (a)(2). Pub. L. 99-514, Sec. 132(b)(1), amended par. (2) generally, substituting ‘Certain trade’ for ‘Trade’ in heading and inserting ‘of employees’ in subpar. (A) heading, substituting provision relating to deduction of certain expenses of performing artists for provision relating to deduction of expenses for travel away from home in subpar. (B), and striking out subpar. (C) relating to deduction of travel expenses and subpar. (D) relating to deduction of expenses of outside salesmen.
Subsec. (a)(3) to (5). Pub. L. 99-514, Sec. 301(b)(1), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3) which related to long-term capital gains and read as follows: ‘The deduction allowed by section 1202.’
Subsec. (a)(6). Pub. L. 99-514, Sec. 301(b)(1), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Pub. L. 99-514, Sec. 1875(c)(3), struck out ‘to the extent attributable to contributions made on behalf of such individual’ after ‘section 404’.
Subsec. (a)(7). Pub. L. 99-514, Sec. 301(b)(1), redesignated par. (10) as (7). Former par. (7) redesignated (6).
Subsec. (a)(8). Pub. L. 99-514, Sec. 301(b)(1), redesignated par. (11) as (8). Former par. (8) struck out.
Pub. L. 99-514, Sec. 132(c), struck out par. (8) which related to moving expense deduction and read as follows: ‘The deduction allowed by section 217.’
Subsec. (a)(9) to (15). Pub. L. 99-514, Sec. 301(b)(1), redesignated pars. (12) to (15) as (9) to (12), respectively. Former pars. (10) and (11) redesignated (7) and (8), respectively.
Subsec. (a)(16). Pub. L. 99-514, Sec. 131(b)(1), struck out par. (16) which related to deduction for two-earner married couples and read as follows: ‘The deduction allowed by section 221.’
Subsec. (b). Pub. L. 99-514, Sec. 132(b)(2)(B), added subsec. (b).
1984 - Par. (7). Pub. L. 98-369, Sec. 491(d)(2), substituted ‘and annuity’ for ‘annuity, and bond purchase’ in heading, and substituted ‘the deduction allowed by section 404’ for ‘the deductions allowed by section 404 and section 405(c)’ in text.
1983 - Par. (9). Pub. L. 97-354, Sec. 5(a)(17), repealed par. (9) relating to the deduction allowed by section 1379(b)(3).
1981 - Par. (10). Pub. L. 97-34, Sec. 311(h)(1), struck out ‘and the deduction allowed by section 220 (relating to retirement savings for certain married individuals)’ after ‘retirement savings’.
Par. (14). Pub. L. 97-34, Sec. 112(b)(2), redesignated par. (15) as (14). Former par. (14), relating to deduction for certain expenses of living abroad, was struck out.
Par. (15). Pub. L. 97-34, Sec. 112(b)(2), redesignated par. (16) as (15). Former par. (15) redesignated (14).
Par. (16). Pub. L. 97-34, Sec. 103(b), 112(b)(2), added par. (16). Former par. (16) redesignated (15).
1980 - Par. (15). Pub. L. 96-451, Sec. 301(b), added par. (15).
Par. (16). Pub. L. 96-608, Sec. 3(a), added par. (16).
1978 - Par. (14). Pub. L. 95-615, sec. 203(b), 209, added par. (14).
1976 - Par. (10). Pub. L. 94-455, Sec. 1501(b)(1), inserted reference to the deduction allowed by section 220 (relating to retirement savings for certain married individuals).
Pars. (11), (12). Pub. L. 94-455, Sec. 1901(a)(8), (9), redesignated par. (11) relating to penalties forfeited because of premature withdrawal of funds from time savings accounts or deposits, as par. (12), and substituted ‘trade or business, to the extent’ for ‘trade or business to the extent’.
Par. (13). Pub. L. 94-455, Sec. 502(a), added par. (13).
1974 - Par. (10). Pub. L. 93-406, Sec. 2002(a)(2), added par. (10).
Par. (11). Pub. L. 93-483, Sec. 6, added par. (11) relating to penalties forfeited because of premature withdrawal of funds from time savings accounts or deposits. Another par. (11) relating to certain portions of lump-sum distributions from pension plans taxed under section 402(e) of this title, was added by Pub. L. 93-406, Sec. 2005(c)(9).
1969 - Par. (9). Pub. L. 91-172, Sec. 531(b), added par. (9).
1964 - Par. (8). Pub. L. 88-272, Sec. 213(b), added par. (8).
1962 - Par. (7). Pub. L. 87-792, Sec. 7, added par. (7).
EFFECTIVE DATE OF 2020 AMENDMENT
Amendments by Pub. L. 116-136, Sec. 2204, applied to taxable years beginning after December 31, 2019.
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116-92, Div. A, Sec. 1122(d)(2)(B), effective on the date of enactment of this Act [Enacted: Dec. 20, 2019].
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendment by Pub. L. 115-141, Div. T, Sec. 101(a)(2)(B), effective as if included in section 11011 of Pub. L. 115-97 [effective for taxable years beginning after December 31, 2017].
Amendments by Pub. L. 115-141, Div. U, Sec. 401(a)(31)-(32), effective March 23, 2018.
Amendment by Pub. L. 115-123, Sec. 41107(a), effective for taxable years beginning after December 31, 2017.
EFFECTIVE DATE OF 2017 AMENDMENTS
Amendment by Pub. L. 115-97, Sec. 11002(d)(1)(J), effective for taxable years beginning after December 31, 2017.
Amendment by Pub. L. 115-97, Sec. 11011(b)(1), effective for taxable years beginning after December 31, 2017.
Amendment by Pub. L. 115-97, Sec. 11051(b)(2)(A), effective for divorce or separation instrument executed after Dec. 31, 2018.
Section 11051(c) of Pub. L. 115-97, provided the following:
“(c) EFFECTIVE DATE.—The amendments made by this section shall apply to—
“(1) any divorce or separation instrument (as defined in section 71(b)(2) of the Internal Revenue Code of 1986 as in effect before the date of the enactment of this Act) executed after December 31, 2018, and
“(2) any divorce or separation instrument (as so defined) executed on or before such date and modified after such date if the modification expressly provides that the amendments made by this section apply to such modification.”
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendment by Pub. L. 114-113, Div. Q, Sec. 104(a), effective for taxable years beginning after December 31, 2014.
Amendments by Pub. L. 114-113, Div. Q, Sec. 104(b) and (c), effective for taxable years beginning after December 31, 2015.
EFFECTIVE DATE OF 2014 AMENDMENTS
Amendment by Pub. L. 113-295, Div. A, Sec. 101(a), effective for taxable years beginning after December 31, 2013.
Amendment by Pub. L. 113-295, Div. A, Sec. 221(a)(34)(C), effective on the date of the enactment of this Act [Enacted: Dec. 19, 2014].
EFFECTIVE DATE OF 2013 AMENDMENTS
Amendment by section 201 of Pub. L. 112-240 effective for taxable years beginning after December 31, 2011.
EFFECTIVE DATE OF 2010 AMENDMENTS
Amendment by section 721 of Pub. L. 111-312 effective for taxable years beginning after December 31, 2009.
EFFECTIVE DATE OF 2008 AMENDMENTS
Amendment by Div. C, section 203(a) of Pub. L. 110-343 effective for taxable years beginning after December 31, 2007.
EFFECTIVE DATE OF 2006 AMENDMENTS
Amendment by section 108(a) of Pub. L. 109-432 effective for taxable years beginning after December 31, 2005.
Amendment by section 406(a)(3) of Pub. L. 109-432 effective for information provided on or after the date of the enactment of this Act [Enacted: Dec. 20, 2006].
EFFECTIVE DATE OF 2005 AMENDMENTS
Amendments by section 412(q) of Pub. L. 109-135 effective on the date of the enactment of this Act [Enacted: Dec. 21, 2005].
EFFECTIVE DATE OF 2004 AMENDMENTS
Amendments by section 703 of Pub. L. 108-357 applicable to fees and costs paid after the date of enactment of this Act [Enacted: Oct. 22, 2004] with respect to any judgment or settlement occurring after such date.
Amendment by section 307(a) of Pub. L. 108-311 applicable to expenses paid or incurred in taxable years beginning after December 31, 2003.
EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by section 1201(b) of Pub. L. 108-173 applicable to taxable years beginning after December 31, 2003.
Amendment by section 109(b) of Pub. L. 108-121 applicable to amounts paid or incurred in taxable years beginning after December 31, 2002.
EFFECTIVE DATE OF 2002 AMENDMENTS
Amendments by section 406 of Pub. L. 107-147 applicable to taxable years beginning after December 31, 2001.
EFFECTIVE DATE OF 2001 AMENDMENTS
Amendment by section 431(b) of Pub. L. 107-16 applicable to payments made in taxable years beginning after December 31, 2001.
Section 901 (Sunset of Provisions of Act) of Pub. L. 107-16, as amended by Pub. L. 107-358 and Pub. L. 111-312, Sec. 101(a), and struck by Pub. L. 112-240, Sec. 101(a)(1) (effective for taxable, plan, or limitation years beginning after Dec. 31, 2012, and estates of decedents dying, gifts made, or generation skipping transfers after December 31, 2012), provided that:
“(a) IN GENERAL.—All provisions of, and amendments made by, this Act shall not apply—
“(1) to taxable, plan, or limitation years beginning after December 31, 2012, or
“(2) in the case of title V, to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2012.
“(b) APPLICATION OF CERTAIN LAWS.—The Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 shall be applied and administered to years, estates, gifts, and transfers described in subsection (a) as if the provisions and amendments described in subsection (a) had never been enacted.
“(c) EXCEPTION.—Subsection (a) shall not apply to section 803 (relating to no federal income tax on restitution received by victims of the Nazi regime or their heirs or estates).”
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by section 975(a) of Pub. L. 105-34 effective for expenses paid or incurred in taxable years beginning after December 31, 1986.
Amendment by section 202(b) of Pub. L. 105-34 applicable to any qualified education loan (as defined in section 221(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to—
(1) any loan interest payment due and paid after December 31, 1997, and
(2) the portion of the 60-month period referred to in section 221(d) of the Internal Revenue Code of 1986 (as added by this section) after December 31, 1997.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 301(b) of Pub. L. 104-191 effective with respect to taxable years beginning after Dec. 31, 1996.
Section 1401(c) of Pub. L. 104-188, provided that: “(1) In general.—The amendments made by this section shall apply to taxable years beginning after December 31, 1999.
(2) Retention of certain transition rules.—The amendments made by this section shall not apply to any distribution for which the taxpayer is eligible to elect the benefits of section 1122(h)(3) or (h)(5) of the Tax Reform Act of 1986. Notwithstanding the preceding sentence, individuals who elect such benefits after December 31, 1999, shall not be eligible for 5-year averaging under section 402(d) of the Internal Revenue Code of 1986 (as in effect immediately before such amendments).”
EFFECTIVE DATE OF 1993 AMENDMENTS
Amendment by Section 13213(c)(1) of Pub. L. 103-66, applicable to expenses incurred after December 31, 1993.
EFFECTIVE DATE OF 1992 AMENDMENTS
Amendment by Section 521(b)(2) of Pub. L. 102-318, applicable to distributions after December 31, 1992.
The amendments made by Section 1913(a)(2) of Pub. L. 102-486, shall apply to property placed in service after June 30, 1993.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by section 1001(b)(3)(A) of 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.
Section 6007(d) of Pub. L. 100-647 provided that: ‘The amendments made by this section (enacting section 220 of this title, amending section 62 of this title, and renumbering former section 220 of this title as section 221 of this title) shall apply as if included in the amendments made by section 132 of the Tax Reform Act of 1986 (Pub. L. 99-514).'
Section 702(b) of Pub. L. 100-485 provided that: ‘The amendment made by subsection (a) (amending this section) shall apply to taxable years beginning after December 31, 1988.’
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by sections 131(b)(1) and 132(b), (c) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99-514, set out as a note under section 1 of this title.
Section 301(c) of Pub. L. 99-514 provided that: ‘The amendments made by this section (amending this section and sections 170, 172, 219, 220, 223, 642, 643, 691, 871, 1211, 1212, and 1402 of this title and repealing section 1202 of this title) shall apply to taxable years beginning after December 31, 1986.’
Section 1875(c)(12) of Pub. L. 99-514 provided that: ‘The amendments made by paragraphs (3), (4), and (6) (amending this section and sections 219 and 408 of this title) shall take effect as if included in the amendments made by section 238 of the Tax Equity and Fiscal Responsibility Act of 1982 (section 238 of Pub. L. 97-248, see section 241 of Pub. L. 97-248, set out as an Effective Date note under section 416 of this title).'
EFFECTIVE DATE OF 1984 AMENDMENTS
‘Section 491(f)(1) of Pub. L. 98-369 provided that: ‘The amendments and repeals made by subsections (a), (b), and (d) (amending this section, sections 55, 72, 172, 219, 402, 403, 406, 407, 408, 412, 414, 415, 457, 2039, 2517, 3121, 3306, 3401, 4972, 4973, 4975, 6047, 6058, 6104, 6652, 7207, 7476, and 7701 of this title, section 3107 of Title 31, Money and Finance, and section 409 of Title 42, The Public Health and Welfare, and repealing sections 405 and 409 of this title) shall apply to obligations issued after December 31, 1983.’
EFFECTIVE DATE OF 1983 AMENDMENTS
Par. (9) as in effect before date of repeal by Pub. L. 97-354 to remain in effect for years beginning before Jan. 1, 1984, see section 6(b)(1) of Pub. L. 97-354, set out as an Effective Date note under section 3761 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Section 103(d) of Pub. L. 97-34 provided that: ‘The amendments made by this section (enacting section 219 of this title and amending this section and sections 85 and 105 of this title) shall apply to taxable years beginning after December 31, 1981.’
Amendment by sections 112(b)(2) and 311(h)(1) of Pub. L. 97-34 applicable to taxable years beginning after Dec. 31, 1981, see sections 115 and 311(i)(1) of Pub. L. 97-34, set out as notes under sections 911 and 219, respectively, of this title.
EFFECTIVE DATE OF 1980 AMENDMENTS
Section 3(b) of Pub. L. 96-608 provided that: ‘The amendment made by subsection (a) (amending this section) shall apply to repayments made in taxable years beginning after the date of the enactment of this Act (Dec. 28, 1980).’
Amendment by Pub. L. 96-451 applicable with respect to additions to capital account made after Dec. 31, 1979, see section 301(d) of Pub. L. 96-451, set out as an Effective Date note under section 194 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT; ELECTION OF PRIOR LAW
Amendment by Pub. L. 95-615 applicable to taxable years beginning after Dec. 31, 1977, with provision for election of prior law, see section 209 of Pub. L. 95-615, set out as a note under section 911 of this title.
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 502(c) of Pub. L. 94-455 provided that: ‘The amendments made by this section (amending this section and section 3402 of this title) shall apply to taxable years beginning after December 31, 1976.’
Section 1501(d) of Pub. L. 94-455 provided that: ‘The amendments made by this section (enacting section 220 of this title, amending this section and sections 219, 408, 409, 3401, 4973, and 6047 of this title, and renumbering former section 220 as 221 of this title), other than the amendment made by subsection (b)(3), shall apply to taxable years beginning after December 31, 1976. The amendment made by subsection (b)(3) (amending section 415 of this title) shall apply to years beginning after December 31, 1976.’
Amendment by section 1901(a)(8), (9) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1974 AMENDMENTS
Section 6(b) of Pub. L. 93-483 provided that: ‘The amendment made by this section (amending this section) applies to taxable years beginning after December 31, 1972.’
Amendment by section 2002(a)(2) of Pub. L. 93-406 applicable to taxable years beginning after Dec. 31, 1974, see section 2002(i)(1) of Pub. L. 93-406, set out as an Effective Date note under section 219 of this title.
Amendment by section 2005(c)(9) of Pub. L. 93-406 applicable only with respect to distributions or payments made after Dec. 31, 1973, in taxable years beginning after Dec. 31, 1973, see section 2005(d) of Pub. L. 93-406, set out as a note under section 402 of this title.
EFFECTIVE DATE OF 1969 AMENDMENTS
Amendment by Pub. L. 91-172 applicable with respect to taxable years of electing small business corporations beginning after Dec. 31, 1970, see section 531(d) of Pub. L. 91-172, set out as an Effective Date note under section 1379 of this title.
EFFECTIVE DATE OF 1964 AMENDMENTS
Section 213(d) of Pub. L. 88-272 provided that: ‘The amendments made by subsections (a) (enacting section 217 and redesignating former section 217 as 218) and (b) (amending this section) shall apply to expenses incurred after December 31, 1963, in taxable years ending after such date. The amendment made by subsection (c) (amending section 3401 of this title) shall apply with respect to remuneration paid after the seventh day following the date of the enactment of this Act (Feb. 26, 1964).’
EFFECTIVE DATE OF 1962 AMENDMENTS
Amendment by Pub. L. 87-792 applicable to taxable years beginning after Dec. 31, 1962, see section 8 of Pub. L. 87-792, set out as a note under section 22 of this title.
SAVINGS PROVISION
For provisions that nothing in amendment by Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.
COMMUTING EXPENSES
Pub. L. 95-427, Sec. 2, Oct. 7, 1978, 92 Stat. 996, as amended by Pub. L. 96-167, Sec. 2, Dec. 29, 1979, 93 Stat. 1275, provided that with respect to transportation costs paid or incurred after December 31, 1976, and on or before May 31, 1981, the application of sections 62, 162, and 262 and of chapters 21, 23, and 24 of the Internal Revenue Code of 1954 (now 1986) to transportation expenses in traveling between a taxpayer's residence and place of work be determined without regard to Revenue Ruling 76-453 or any other regulation, ruling, or decision reaching the same or similar result, and with full regard to the rules in effect before that Revenue Ruling.
Pub. L. 95-615, Sec. 2, Nov. 8, 1978, 92 Stat. 3097, provided that with respect to transportation costs paid or incurred after Dec. 31, 1976, and before Apr. 30, 1978, the application of sections 62, 162, and 262 and chapters 21, 23, and 24 of the Internal Revenue Code of 1954 (now 1986) to transportation expenses in traveling between a taxpayer's residence and place of work be determined without regard to Revenue Ruling 76-453 or any other regulation, ruling or decision reaching the same or similar result, and with full regard to the rules in effect before that Revenue Ruling, and ceased to have effect on the day after Nov. 8, 1978 pursuant to section 210(a) of that Act.