§190 — Expenditures to remove architectural and transportation barriers to the handicapped and elderly
4 cases·4 cited
Statute Text — 26 U.S.C. §190
A taxpayer may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by him during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.
An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations.
For purposes of this section—
The term “architectural and transportation barrier removal expenses” means an expenditure for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals.
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 barrier meets the standards promulgated by the Secretary with the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary.
The term “handicapped individual” means any individual who has a physical or mental disability (including, but not limited to, blindness or deafness) which for such individual constitutes or results in a functional limitation to employment, or who has any physical or mental impairment (including, but not limited to, a sight or hearing impairment) which substantially limits one or more major life activities of such individual.
The deduction allowed by subsection (a) for any taxable year shall not exceed $15,000.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.190-1 Expenditures to remove architectural and transportation barriers to the handicapped and elderly
- Treas. Reg. §Treas. Reg. §1.190-1(a) In general.
- Treas. Reg. §Treas. Reg. §1.190-1(b) Limitation.
- Treas. Reg. §Treas. Reg. §1.190-2 Definitions
- Treas. Reg. §Treas. Reg. §1.190-2(a) Architectural and transportation barrier removal expenses.
- Treas. Reg. §Treas. Reg. §1.190-2(b) Qualified architectual and transportation barrier removal expense—(1) In general.
- Treas. Reg. §Treas. Reg. §1.190-2(i) §1.190-2(i)
- Treas. Reg. §Treas. Reg. §1.190-2(v) A stepwell immediately adjacent to the driver shall have, when the door is open, at least 2 foot-candles of illumination measured on the step tread.
- Treas. Reg. §Treas. Reg. §1.190-3 Election to deduct architectural and transportation barrier removal expenses
- Treas. Reg. §Treas. Reg. §1.190-3(a) Manner of making election.
- Treas. Reg. §Treas. Reg. §1.190-3(b) Scope of election.
- Treas. Reg. §Treas. Reg. §1.190-3(c) Records to be kept.
4 Citing Cases
e violated his fiduciary duty to them as his partners, but that's another story. See Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928), cited with approval by In re Binder's Estate, 27 N.E. 2d 939, 949 (Ohio 1940), and Restatement (First) of Restitution, sec. 190-191, 781-789 (App. 1988); see also infra text at 37. - 31 - that he intended to take less cash by reason of the credits, they might well have agreed to recast the deal and provide for a special partnership allocation, which would have reflec