26 U.S. Code § 281 - Terminal railroad corporations and their shareholders
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(a) Computation of taxable income of terminal railroad corporations
(1) In general
In computing the taxable income of a terminal railroad corporation—
(A) such corporation shall not be considered to have received or accrued—
(i) the portion of any liability of any railroad corporation, with respect to related terminal services provided by such corporation, which is discharged by crediting such liability with an amount of related terminal income, or
(b) Computation of taxable income of shareholders
Subject to the limitation in subsection (a)(2), in computing the taxable income of any shareholder of a terminal railroad corporation, no amount shall be considered to have been received or accrued or paid or incurred by such shareholder as a result of any discharge of liability described in subsection (a)(1)(A)(i) or as a result of any computation of charges in the manner described in subsection (a)(1)(A)(ii).
(c) Agreement required
In the case of any taxable year, subsections (a) and (b) shall apply with respect to any discharge of liability described in subsection (a)(1)(A)(i), and to any computation of charges in the manner described in subsection (a)(1)(A)(ii), only if such discharge or computation (as in the case may be) was provided for in a written agreement, to which all of the shareholders of the terminal railroad corporation were parties, entered into before the beginning of such taxable year.
For purposes of this section—
(1) Terminal railroad corporation
The term “terminal railroad corporation” means a domestic railroad corporation which is not a member, other than as a common parent corporation, of an affiliated group (as defined in section 1504) and—
(A) all of the shareholders of which are rail carriers subject to part A of subtitle IV of title 49;
(B) the primary business of which is the providing of railroad terminal and switching facilities and services to rail carriers subject to part A of subtitle IV of title 49 and to the shippers and passengers of such railroad corporations;
(C) a substantial part of the services of which for the taxable year is rendered to one or more of its shareholders; and
(2) Related terminal income
The term “related terminal income” means the income (determined in accordance with regulations prescribed by the Secretary) of a terminal railroad corporation derived—
(A) from services or facilities of a character ordinarily and regularly provided by terminal railroad corporations for railroad corporations or for the employees, passengers, or shippers of railroad corporations;
(B) from the use by persons other than railroad corporations of portions of a facility, or a service which is used primarily for railroad purposes;
(C) from any railroad corporation for services or facilities provided by such terminal railroad corporation in connection with railroad operations; and
For purposes of subparagraph (B), a substantial addition, constructed after the date of the enactment of this section, to a facility shall be treated as a separate facility.
Source(Added Pub. L. 87–870, § 1(a),Oct. 23, 1962, 76 Stat. 1158; amended Pub. L. 94–455, title XIX, §§ 1901(a)(40), 1906(b)(13)(A),Oct. 4, 1976, 90 Stat. 1771, 1834; Pub. L. 95–473, § 2(a)(2)(D), (E),Oct. 17, 1978, 92 Stat. 1464; Pub. L. 104–88, title III, § 304(b),Dec. 29, 1995, 109 Stat. 943.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a)(2), (d)(2), refers to the date of enactment of Pub. L. 87–870, which was approved Oct. 23, 1962.
1995—Subsec. (d)(1)(A), (B). Pub. L. 104–88substituted “rail carriers subject to part A of subtitle IV” for “domestic railroad corporations providing transportation subject to subchapter I of chapter 105”.
1978—Subsec. (d)(1)(A). Pub. L. 95–473, § 2(a)(2)(D), substituted “providing transportation subject to subchapter I of chapter 105 of title 49” for “subject to part I of the Interstate Commerce Act (49 U.S.C. 1 and following)”.
Subsec. (d)(1)(B). Pub. L. 95–473, § 2(a)(2)(E), substituted “providing transportation subject to subchapter I of chapter 105 of title 49” for “subject to part I of the Interstate Commerce Act”.
1976—Subsec. (d)(1)(A). Pub. L. 94–455, § 1901(a) (40)(A), inserted “(49 U.S.C. 1 and following)” after “Interstate Commerce Act”.
Subsecs. (e), (f). Pub. L. 94–455, §§ 1901(a)(40)(B), 1906(b)(13)(A), redesignatedsubsec. (f) as (e) and struck out “or his delegate” after “Secretary”. Former subsec. (e), which made special provision for the application of this section to taxable years ending before Oct. 23, 1962, was struck out.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88effective Jan. 1, 1996, see section 2 ofPub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
Effective Date of 1976 Amendment
Amendment by section 1901(a)(40) ofPub. L. 94–455effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) ofPub. L. 94–455, set out as a note under section 2 of this title.
Pub. L. 87–870, § 2(a),Oct. 23, 1962, 76 Stat. 1160, provided that: “The amendments made by the first section of this Act [enacting this section] shall apply with respect to taxable years beginning after December 31, 1953, and ending after August 16, 1954.”
Internal Revenue Code of 1939; Inclusion of Terminal Railroad Corporations and Their Shareholders Provision
Pub. L. 87–870, § 2(b),Oct. 23, 1962, 76 Stat. 1160, as amended by Pub. L. 99–514, § 2,Oct. 22, 1986, 100 Stat. 2095, provided that: “Provisions having the same effect as section 281 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by the first section of this Act) shall be deemed to be included in the Internal Revenue Code of 1939, effective with respect to all taxable years to which such Code applies.”