Page:United States Statutes at Large Volume 78.djvu/93

 78 STAT. ]

PUBLIC LAW 88-272-FEB. 26, 1964

"SEC. 217. MOVING EXPENSES. " (a) I)P:DUCTIOX ALLOWED.—There shall be allowed as a deduction moving expenses paid or incurred during the taxable year in connection with the commencement of work by the taxpayer as an employee at a new principal place of work. " (b)

DEFINITION or MOVIXG EXPENSES.—

"(1) I x GENERAL.—For purposes of this section, the term 'moving expenses' means only the reasonable expenses— " (A) of moving household goods and personal, effects from the former residence to the new residence, and " (B) of traveling (including meals and lodging) from the former residence to the new place of residence. "(2) iNDivmuALS OTHER THAN TAXPAYER.—In the case of any individual other than the taxpayer, expenses referred to in paragraph (1) shall be taken into account only if such individual has both the former residence and the new residence as his principal place of abode and is a member of the taxpayer's household, ''(c) CONDITIONS FOR ALLOWANCE.—Xo deduction shall be allowed under this section unless— "(1) the taxpayers new principal place of work— " (A) is at least 20 miles farther from his former residence than was his former principal place of work, or " (B) if he had no former principal place of work, is at least 20 miles from his former residence, and "(2) during the 12-month period innnediately following his arrival in the general location of his new principal place of work, the taxpayer is a full-time employee, in such general location, during at least 39 weeks. "(d)

RULES FOR APPLICATION OF SI'BSECTION

(C)(2).—

" (1) Subsection (c)(2) shall not apply to any item to the extent that the taxpayer receives reimbursement or other expense allowance from his employer for such item. "(2) If a taxpayer has not satisfied the condition of subsection (c)(2) before the time prescribed by law (including extensions thereof) for filing the return for the taxable year during which he paid oi- incurred moving expenses ^yhich would otherwise be deductible under this section, but may still satisfy such condition, then such expenses may (at the election of the taxpayer) be deducted for such taxable year notwithstanding sid^section (c)(2). "(3) If— " (A) for any taxable year moving expenses have been deducted in accordance with the rule provided in paragraph (2), and " (B) the condition of subsection (c)(2) is not satisfied by the close of the subsequent taxable year, then an amount equal to the expenses which were so deducted shall be in('lude<l in gross income for such subsequent taxable year. "(e) DISALLOWANCE OF DEDUCTION "WITH RESPECT TO REIMBURSEMENTS XOT IN(^LI DED IN GROSS INCOME.—No deduction shall be al-

lowed under this section for any item to the extent that the taxpayer receive*?, reimbursement or other expense allowance for such item which is not included in his gross income. "(f) REGULAITONS.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section."'

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