Page:United States Statutes at Large Volume 120.djvu/1626

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1595

‘‘(4) the earnings and profits of a corporation (within the meaning of section 316 of such Code (26 U.S.C. 316)) shall be determined without regard to this chapter and section 7518 of such Code (26 U.S.C. 7518); and ‘‘(5) in applying the tax imposed by section 531 of such Code (26 U.S.C. 531), amounts held in the fund shall not be taken into account. ‘‘(b) CONDITION.—This section applies to an amount only if the amount is deposited in the fund under the agreement within the time provided in joint regulations. ‘‘§ 53508. Separate accounts within a fund ‘‘(a) IN GENERAL.—A capital construction fund shall have three accounts: ‘‘(1) The capital account. ‘‘(2) The capital gain account. ‘‘(3) The ordinary income account. ‘‘(b) CAPITAL ACCOUNT.—The capital account shall consist of— ‘‘(1) amounts referred to in section 53505(a)(2) of this title; ‘‘(2) amounts referred to in section 53505(a)(3) of this title, except that portion representing a gain not taken into account because of section 53507(a)(2) of this title; ‘‘(3) the percentage applicable under section 243(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 243(a)(1)) of any dividend received by the fund for which the person maintaining the fund would be allowed (were it not for section 53507(a)(3) of this title) a deduction under section 243 of such Code (26 U.S.C. 243); and ‘‘(4) interest income exempt from taxation under section 103 of such Code (26 U.S.C. 103). ‘‘(c) CAPITAL GAIN ACCOUNT.—The capital gain account shall consist of— ‘‘(1) amounts representing capital gains on assets held for more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus ‘‘(2) amounts representing capital losses on assets held in the fund for more than 6 months. ‘‘(d) ORDINARY INCOME ACCOUNT.—The ordinary income account shall consist of— ‘‘(1) amounts referred to in section 53505(a)(1) of this title; ‘‘(2)(A) amounts representing capital gains on assets held for not more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus ‘‘(B) amounts representing capital losses on assets held in the fund for not more than 6 months; ‘‘(3) interest (except tax-exempt interest referred to in subsection (b)(4)) and other ordinary income (except any dividend referred to in paragraph (5)) received on assets held in the fund; ‘‘(4) ordinary income from a transaction described in section 53505(a)(3) of this title; and ‘‘(5) that portion of any dividend referred to in subsection (b)(3) not taken into account under subsection (b)(3). ‘‘(e) WHEN LOSSES ALLOWED.—Except on termination of a fund, capital losses referred to in subsection (c) or (d)(2) shall be allowed only as an offset to gains referred to in subsection (c) or (d)(2), respectively.

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