26 U.S.C. § 703

Partnership computations

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(a) Income and deductionsThe taxable income of a partnership shall be computed in the same manner as in the case of an individual except that—(1) the items described in section 702(a) shall be separately stated, and(2) the following deductions shall not be allowed to the partnership:(A) the deductions for personal exemptions provided in section 151,(B) the deduction for taxes provided in section 164(a) with respect to taxes, described in section 901, paid or accrued to foreign countries and to possessions of the United States,(C) the deduction for charitable contributions provided in section 170,(D) the net operating loss deduction provided in section 172,(E) the additional itemized deductions for individuals provided in part VII of subchapter B (sec. 211 and following), and(F) the deduction for depletion under section 611 with respect to oil and gas wells.(b) Elections of the partnershipAny election affecting the computation of taxable income derived from a partnership shall be made by the partnership, except that any election under—(1) subsection (b)(5) or (c)(3) of section 108 (relating to income from discharge of indebtedness),(2) section 617 (relating to deduction and recapture of certain mining exploration expenditures), or(3) section 901 (relating to taxes of foreign countries and possessions of the United States),shall be made by each partner separately.(Aug. 16, 1954, ch. 736, 68A Stat. 240; Pub. L. 89–570, § 2(b), Sept. 12, 1966, 80 Stat. 764; Pub. L. 91–172, title V, § 504(c)(3), Dec. 30, 1969, 83 Stat. 633; Pub. L. 92–178, title III, § 304(c), Dec. 10, 1971, 85 Stat. 523; Pub. L. 94–12, title V, § 501(b)(3), Mar. 29, 1975, 89 Stat. 53; Pub. L. 94–455, title XIX, § 1901(b)(21)(F), title XXI, § 2115(c)(2), Oct. 4, 1976, 90 Stat. 1798, 1909; Pub. L. 95–30, title I, § 101(d)(10), May 23, 1977, 91 Stat. 134; Pub. L. 96–589, § 2(e)(1), Dec. 24, 1980, 94 Stat. 3396; Pub. L. 99–514, title V, § 511(d)(2)(B), title VII, § 701(e)(4)(E), Oct. 22, 1986, 100 Stat. 2249, 2343; Pub. L. 100–647, title I, § 1008(i), Nov. 10, 1988, 102 Stat. 3445; Pub. L. 103–66, title XIII, § 13150(c)(9), Aug. 10, 1993, 107 Stat. 448.)Editorial NotesAmendments

1993—Subsec. (b)(1). Pub. L. 103–66 substituted “subsection (b)(5) or (c)(3)” for “subsection (b)(5)”.

1988—Subsec. (b)(1). Pub. L. 100–647 substituted “subsection (b)(5)” for “subsection (b)(5) or (d)(4)”.

1986—Subsec. (b). Pub. L. 99–514 struck out former pars. (1) and (3) which related to elections under sections 57(c) and 163(d), respectively, and redesignated former pars. (2), (4), and (5), as pars. (1), (2), and (3), respectively.

1980—Subsec. (b). Pub. L. 96–589 inserted reference to section 108(b)(5) and (d)(4).

1977—Subsec. (a)(2). Pub. L. 95–30 struck out subpar. (A) which made reference to the standard deduction provided in section 141, and redesignated subpars. (B) to (G) as (A) to (F), respectively.

1976—Subsec. (a)(2)(G). Pub. L. 94–455, § 2115(c)(2), substituted “wells” for “production subject to the provisions of section 613A(c)”.

Subsec. (b). Pub. L. 94–455, § 1901(b)(21)(F), struck out “under section 615 (relating to pre-1970 exploration expenditures),” after “of the United States, and any election”.

1975—Subsec. (a)(2)(G). Pub. L. 94–12 added subpar. (G).

1971—Subsec. (b). Pub. L. 92–178 substituted “,” for “or” after “(relating to pre-1970 exploration expenditures)” and inserted “under section 57(c) (relating to definition of net lease), or under section 163(d) (relating to limitation on interest on investment indebtedness)” after “(relating to deduction and recapture of certain mining exploration expenditures)”.

1969—Subsec. (b). Pub. L. 91–172 substituted “(relating to pre-1970 exploration expenditures) or under section 617 (relating to deduction and recapture of certain mining exploration expenditures)” for “(relating to exploration expenditures) or under section 617 (relating to additional exploration expenditures in the case of domestic mining)”.

1966—Subsec. (b). Pub. L. 89–570 provided for election under section 615 (relating to exploration expenditures) or under section 617 (relating to additional exploration expenditures in the case of domestic mining).

Statutory Notes and Related SubsidiariesEffective Date of 1993 Amendment

Amendment by Pub. L. 103–66 applicable to discharges after Dec. 31, 1992, in taxable years ending after such date, see section 13150(d) of Pub. L. 103–66, set out as a note under section 108 of this title.

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 section 511(d)(2)(B) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 511(e) of Pub. L. 99–514, set out as a note under section 163 of this title.

Amendment by section 701(e)(4)(E) of 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 1980 Amendment

Amendment by Pub. L. 96–589 applicable to transactions which occur after Dec. 31, 1980, other than transactions which occur in a proceeding in a bankruptcy case or similar judicial proceeding or in a proceeding under Title 11 commencing on or after Dec. 31, 1980, with an exception permitting the debtor to make the amendment applicable to transactions occurring after Sept. 30, 1979; in a specified manner, see section 7(a)(1), (f) of Pub. L. 96–589, set out as a note under section 108 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–30 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 95–30, set out as a note under section 1 of this title.

Effective Date of 1976 Amendment

Amendment by section 1901(b)(21)(F) of Pub. L. 94–455 effective for 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.

Amendment by section 2115(c)(2) of Pub. L. 94–455 effective on Jan. 1, 1975 and applicable to taxable years ending after Dec. 31, 1974, see section 2115(f) of Pub. L. 94–455, set out as a note under section 613A of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–12 effective Jan. 1, 1975, to apply to taxable years ending after Dec. 31, 1974, see section 501(c) of Pub. L. 94–12, set out as an Effective Date note under section 613A of this title.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–172 applicable with respect to exploration expenditures paid or incurred after Dec. 31, 1969, see section 504(d)(1) of Pub. L. 91–172, set out as an Effective Date note under section 243 of this title.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–570 applicable to taxable years ending after Sept. 12, 1966, but only in respect of expenditures paid or incurred after such date, see section 3 of Pub. L. 89–570, set out as an Effective Date note under section 617 of this title.

Applicability of Certain Amendments by Pub. L. 99–514 in Relation to Treaty Obligations of United States

For applicability of amendment by section 701(e)(4)(E) of 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.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1928–2023 · leading case: United States v. Basye
United States v. Basye (1973) scotus “” 26 U. S. C. §703 (a). Thus, while the partnership itself pays no taxes, 26 U.”
Stephen Babin Betty Boehm Babin v. Commissioner of Internal Revenue (1994) ca6 “” 26 U.S.C. § 703 (a). Thus, while the partnership itself pays no taxes, 26 U.”
McManus v. Commissioner (1978) ca9 · cites it 3× “No election under 26 U.S.C. § 703 was ever filed on behalf of the partnership.”
Robert Unger v. Commissioner of Internal Revenue (1991) cadc “377 (1963). The Internal Revenue Code also treats partnerships as aggregates for some purposes and as separate entities for others.”
Vainisi v. Commissioner (2010) ca7 “26 U.S.C. § 703 . And so with a subchapter S corporation: when the Vainisis converted their holding company to an S corporation, the holding company’s income became income to the Vainisis, to be reported by them on their personal tax returns.”
Altsuler v. Peters (1973) neb “an individual computes his personal income.”
Demirjian v. Commissioner (1972) ca3 · cites it 2× “We agree with the Tax Court’s determination that 26 U.S.C. § 703 (b) requires that the election and replacement under § 1033 be made by the partnership and that replacement by individual partners of property owned by the partnership does not qualify for nonrecognition of the…”
Boone v. United States (1973) ndd · cites it 2× “26 U.S.C. § 703 provides: “(b) Election of Partnership; Any election affecting the computation of taxable income derived from a partnership shall be made by the partnership, .”
William P. Zahler v. Commissioner of Internal Revenue (1982) ca6 “26 U.S.C. § 703 (a) provides that the taxable income of a partnership is to be computed in the same manner as an individual’s and § 162(a) permits deductions for salaries or personal services actually rendered.”
Alec Rosefsky, Edith Rosefsky, Joseph A. D'Esti and Helen T. D'Esti v. Commissioner of Internal Revenue (1979) ca2 · cites it 2× “While the election, by the tax scheme, 26 U.S.C. § 703 (b), 3 is the responsibility of the partnership as the property-owning entity, tax incidence is upon the individual members.”
Kossman v. Folsom (1957) nyed “The plaintiff contends that the Internal Revenue Code 1954, 26 U.S.C.A. § 703 , provides that partnership income shall be computed in the same manner as in the case of an individual.”
United States v. One Victoria Nash Coupé (1929) pawd · cites it 2× “” The government claims that this statute is applicable by reason of the provisions contain ■rf in section 7 of the Harrison Anti-Narcotic Law (26 USCA § 703), which reads: “That all laws relating to the assessment, collection, remission, and refund of internal revenue taxes,…”
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