Page:United States Statutes at Large Volume 90 Part 2.djvu/446

 90 STAT. 1914

PUBLIC LAW 94-455—OCT. 4, 1976 SEC. 2121. PROHIBITION OF DISCRIMINATORY STATE TAXES ON PRODUCTION AND CONSUMPTION OF ELECTRICITY. (a) IN GENERAL.—The Act entitled " A n Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto", approved September 14, 1959 (73 Stat. 555; 15 U.S.C. 381 et seq.) is amended by striking out title II (relating to studies) and inserting in lieu thereof the following:

"TITLE II—DISCRIMINATORY TAXES 15 USC 391.

15 USC 391

note.

26 USC 190.

"Sec. 201. No State, or political subdivision thereof, may impose o r assess a tax on or with respect to the generation or transmission of electricity which discriminates against out-of-State manufacturers, producers, wholesalers, retailers, or consumers of that electricity. For purposes of this section a tax is discriminatory if it results, either directly or indirectly, in a greater tax burden on electricity which is generated and transmitted in interstate commerce than on electricity which is generated and transmitted i n intrastate commerce." (b)

EFFECTIVE D A T E. — The amendment m a d e by subsection

shall take effect beginning June 30, 1974. SEC. 2122. ALLOWANCE OF DEDUCTION FOR ELIMINATING TURAL AND TRANSPORTATION BARRIERS HANDICAPPED. (a) IN GENERAL. — Part VI of subchapter B of chapter to itemized deductions for individuals and corporations) by adding a t the end thereof the following new section;

(a)

ARCHITECFOR THE 1 (relating is amended

"SEC. 190. EXPENDITURES TO REMOVE ARCHITECTURAL AND TRANSPORTATION BARRIERS TO THE HANDICAPPED AND ELDERLY. " (a) TREATMENT AS E X P E N S E S. —

" (1) IN GENERAL.—A tax p a y e r may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by h i m during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. " (2) ELECTION.—An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations. " (b) DEFINITIONS. — For purposes of this section— "(1)

ARCHITECTURAL AND TRANSPORTATION BARRIER REMOVAL

EXPENSES.—The term 'architectural and transportation barrier removal ex{)enses' means a n expenditure for the purpose of making any facility or public transportation vehicle owned o r leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals. "(2)

QUALIFIED ARCHITECTURAL AND TRANSPORTATION BARRIER

REMOVAL EXPENSE.—The term 'qualified architectural and transportation barrier removal expense' means, with respect to any such facility or public transportation vehicle, an architectural or transportation barrier removal expense with respect to which the taxpayer establishes, to the satisfaction of the Secretary, that the resulting removal of any such b a r r i e r meets the standards promulgated by the Secretary with the concurrence of the Archi-

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