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26 U.S.C. § 136 — Energy conservation subsidies provided by public utilities

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 136 — Energy conservation subsidies provided by public utilities

**(a) Exclusion** Gross income shall not include the value of any subsidy provided (directly or indirectly) by a public utility to a customer for the purchase or installation of any energy conservation measure. **(b) Denial of double benefit** Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any subsidy which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. **(c) Energy conservation measure** (1) **In general** — For purposes of this section, the term “energy conservation measure” means any installation or modification primarily designed to reduce consumption of electricity or natural gas or to improve the management of energy demand with respect to a dwelling unit. (2) **Other definitions** — For purposes of this subsection— (A) *Dwelling unit* — The term “dwelling unit” has the meaning given such term by section 280A(f)(1). (B) *Public utility* — The term “public utility” means a person engaged in the sale of electricity or natural gas to residential, commercial, or industrial customers for use by such customers. For purposes of the preceding sentence, the term “person” includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing. **(d) Exception** This section shall not apply to any payment to or from a qualified cogeneration facility or qualifying small power production facility pursuant to section 210 of the Public Utility Regulatory Policy Act of 1978.

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Stable record: federal_law:legal_authorities:record_usc_70ce4267dfb666bb60abccf2
Source file: Laws/federal/codes/united-states-code/title-26/section-136-energy-conservation-subsidies-provided-by-public-utilities--46dbb20db3.md
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Source location: Title 26, Chapter 1, § 136; chapter-001-normal-taxes-and-surtaxes.md

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**(a) Exclusion** Gross income shall not include the value of any subsidy provided (directly or indirectly) by a public utility to a customer for the purchase or installation of any energy conservation measure. **(b) Denial of double benefit** Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any subsidy which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. **(c) Energy conservation measure** (1) **In general** — For purposes of this section, the term “energy conservation measure” means any installation or modification primarily designed to reduce consumption of electricity or natural gas or to improve the management of energy demand with respect to a dwelling unit. (2) **Other definitions** — For purposes of this subsection— (A) *Dwelling unit* — The term “dwelling unit” has the meaning given such term by section 280A(f)(1). (B) *Public utility* — The term “public utility” means a person engaged in the sale of electricity or natural gas to residential, commercial, or industrial customers for use by such customers. For purposes of the preceding sentence, the term “person” includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing. **(d) Exception** This section shall not apply to any payment to or from a qualified cogeneration facility or qualifying small power production facility pursuant to section 210 of the Public Utility Regulatory Policy Act of 1978.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 140 — Cross references to other Acts

**(a)** For exemption of— (1) Allowances and expenditures to meet losses sustained by persons serving the United States abroad, due to appreciation of foreign currencies, see [section 5943 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5943&num=0&edition=prelim), United States Code. (2) Benefits under laws administered by the Department of Veterans Affairs, see [section 5301 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5301&num=0&edition=prelim), United States Code. (3) Earnings of ship contractors deposited in special reserve funds, see [section 53507 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section53507&num=0&edition=prelim), United States Code. (4) Income derived from Federal Reserve banks, including capital stock and surplus, see section 7 of the Federal Reserve Act ([12 U.S.C. 531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section531&num=0&edition=prelim)). (5) Special pensions of persons on Army and Navy medal of honor roll, see [38 U.S.C. 1562(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1562/a&num=0&edition=prelim)–(c). **(b)** For extension of military income tax-exemption benefits to commissioned officers of Public Health Service in certain circumstances, see section 212 of the Public Health Service Act ([42 U.S.C. 213](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section213&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 140

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824a–3 — Cogeneration and small power production

**(a) Cogeneration and small power production rules** Not later than 1 year after November 9, 1978, the Commission shall prescribe, and from time to time thereafter revise, such rules as it determines necessary to encourage cogeneration and small power production, and to encourage geothermal small power production facilities of not more than 80 megawatts capacity, which rules require electric utilities to offer to— (1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities 11 So in original. Probably should be followed by a comma. and (2) purchase electric energy from such facilities. Such rules shall be prescribed, after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of such facilities during emergencies) and rules respecting reliability of electric energy service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale. **(b) Rates for purchases by electric utilities** The rules prescribed under subsection (a) shall insure that, in requiring any electric utility to offer to purchase electric energy from any qualifying cogeneration facility or qualifying small power production facility, the rates for such purcha

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a–3

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 135 — Income from United States savings bonds used to pay higher education tuition and fees

**(a) General rule** In the case of an individual who pays qualified higher education expenses during the taxable year, no amount shall be includible in gross income by reason of the redemption during such year of any qualified United States savings bond. **(b) Limitations** (1) **Limitation where redemption proceeds exceed higher education expenses** (A) *In general* — If— (i) the aggregate proceeds of qualified United States savings bonds redeemed by the taxpayer during the taxable year exceed (ii) the qualified higher education expenses paid by the taxpayer during such taxable year, the amount excludable from gross income under subsection (a) shall not exceed the applicable fraction of the amount excludable from gross income under subsection (a) without regard to this subsection. (B) *Applicable fraction* — For purposes of subparagraph (A), the term “applicable fraction” means the fraction the numerator of which is the amount described in subparagraph (A)(ii) and the denominator of which is the amount described in subparagraph (A)(i). (2) **Limitation based on modified adjusted gross income** (A) *In general* — If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return). (B) *Inflation adjustment* — In the case of any taxable year beginning in a calendar year after 1990, the $40,000 and $60,000 amounts contained in subparagraph (A) shall be increased by an amount equal to—

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 135

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 86 — Social security and tier 1 railroad retirement benefits

**(a) In general** (1) **In general** — Except as provided in paragraph (2), gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of— (A) one-half of the social security benefits received during the taxable year, or (B) one-half of the excess described in subsection (b)(1). (2) **Additional amount** — In the case of a taxpayer with respect to whom the amount determined under subsection (b)(1)(A) exceeds the adjusted base amount, the amount included in gross income under this section shall be equal to the lesser of— (A) the sum of— (i) 85 percent of such excess, plus (ii) the lesser of the amount determined under paragraph (1) or an amount equal to one-half of the difference between the adjusted base amount and the base amount of the taxpayer, or (B) 85 percent of the social security benefits received during the taxable year. **(b) Taxpayers to whom subsection (a) applies** (1) **In general** — A taxpayer is described in this subsection if— (A) the sum of— (i) the modified adjusted gross income of the taxpayer for the taxable year, plus (ii) one-half of the social security benefits received during the taxable year, exceeds (B) the base amount. (2) **Modified adjusted gross income** — For purposes of this subsection, the term “modified adjusted gross income” means adjusted gross income— (A) determined without regard to this section and sections 85(c), 135, 137, 221, 911, 931, and 933, and (B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. **(c) Base amount and adjusted base amount** For purposes of this

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 86

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 136 — Energy conservation subsidies provided by

Page 615 TITLE 26—INTERNAL REVENUE CODE § 136 tion 201(f) of Pub. L. 105–34, set out as an Effective Date note under section 25A of this title. Amendment by section 211(c) of Pub. L. 105–34 appli- cable to taxable years beginning after Dec. 31, 1997, see section 211(f) of Pub. L. 105–34, set out as a note under section 529 of this title. Amendment by section 213(e)(2) of Pub. L. 105–34 ap- plicable to taxable years beginning after Dec. 31, 1997, see section 213(f) of Pub. L. 105–34, set out as a note under section 26 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1703(d) of Pub. L. 104–188 effec- tive as if included in the provision of the Revenue Rec- onciliation Act of 1993, Pub. L. 103–66, §§ 13001–13444, to which such amendment relates, see section 1703(o) of Pub. L. 104–188, set out as a note under section 39 of this title. Amendment by section 1806(b)(1) of Pub. L. 104–188 ap- plicable to taxable years ending after Aug. 20, 1996, with transition rules applicable where States or agen- cies or instrumentalities thereof maintain on such date programs under which persons may purchase tuition credits or certificates on behalf of, or make contribu- tions for education expenses of, designated bene- ficiaries, see section 1806(c) of Pub. L. 104–188, set out as an Effective Date note under section 529 of this title. Amendment by section 1807(c)(2) of Pub. L. 104–188 ap- plicable to taxable years beginning after Dec. 31, 1996, see section 1807(e) of Pub. L. 104–188, set out as an Ef- fective Date note under section 23 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11101(d)(1)(E) of Pub. L. 101–508 applicable to taxable years beginning after Dec. 31, 1990, see section 11101(e) of Pub. L. 101–508, set out as

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 136

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