Page:United States Statutes at Large Volume 90 Part 2.djvu/267

 PUBLIC LAW 94-455—OCT. 4, 1976.

90 STAT. 1735

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" (iv) a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing, or " (B) amounts were contributed by his employer, or his spouse's employer, for a n annuity contract described i n section 403(b) (whether or not his, o r his spouse's, rights in such 26 USC 403. contract are nonforfeitable).

" (4) CONTRIBUTIONS AFTER AGE 70^/4.—No deduction is allowed

under subsection (a) with respect to any payment which is made for a taxable year of a n individual if either the individual or his spouse has attained age 701/^ before the close of such taxable year. " (5) EECONTRIBUTED AMOUNTS.—No deduction is allowed under this section with respect to a rollover contribution described i n section 4 0 2 (a)(5), 4 0 3 (a)(4), 4 0 8 (d)(3), or 4 0 9 (b)(3)(C). " (6) A M O U N T S CONTRIBUTED UNDER ENDOWMENT CONTRACT.—In

the case of an endowment contract described i n section 4 0 8 (b), no deduction is allowed under subsection (a) for that portion of the amounts paid under the contract for the taxable year properly allocable, under regulations prescribed by the Secretary, to the cost of life insurance. " (7) EMPLOYED SPOUSES.—No deduction is allowed under subsection (a) with respect to a payment described in subsection (a) made for any taxable year of the individual if the spouse of the individual has any compensation (determined without regard to section 911) for the taxable year of such spouse ending with or within such taxable year. " (c) DEFINITIONS AND SPECIAL RULES. —

" (1) COMPENSATION.—For purposes of this section, the term 'compensation' includes earned income as defined in section 401 (c)(2). " (2) MARRIED INDIVIDUALS.—This section shall be applied without regard to any community property laws.

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" (3) DETERMINATION OF MARITAL STATUS.—The determination of

whether an individual is married for purposes of this section shall be made i n accordance with the provisions of section 143(a). " (4) T I M E W H E N CONTRIBUTIONS DEEMED MADE.—-For purposes of

this section, a taxpayer shall be deemed to have made a contribution on the last d a y of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than 45 days after the end of such taxable year.

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" (5) PARTICIPATION I N GOVERNMENTAL PLANS BY CERTAIN INDI-

VIDUALS.—A member of a reserve component of the armed forces or a volunteer firefighter is not considered to be a n active p a r ticipant in a plan described in subsection (b)(3)(A) (iv) if, under section 2 1 9 (c)(4), he is not considered to be a n active participant in such a plan."



(b) CONFORMING AMENDMENTS. —

(1) Paragraph (10) of section 62 (relating to retirement sav- 26 USC 62. ings) is amended by inserting before the period the following: "and the deduction allowed by section 220 (relating to retirement savings for certain married individuals)". (2) Paragraph (2) of section 408(c) is amended by inserting 26 USC 408. " ( o r spouse of a n employee or m e m b e r) " after "member". (3) Subsection (a) of section 415 (relating to limitations on 26 USC 415. benefits and contributions under qualified plans) is amended— (A) by striking out " I n the case" i n paragraph (2) and inserting i n lieu thereof " E x c e p t as provided i n paragraph (3), in the case", and

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