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26 U.S.C. § 2

Definitions and special rules

United States · Title 26 — INTERNAL REVENUE CODE · Status: effective

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26 U.S.C. § 2, Definitions and special rules, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462018
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Full text

For purposes of section 1, the term “surviving spouse” means a taxpayer— Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse— If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): For purposes of this subtitle, an individual shall be considered a head of a household if, and only if, such individual is not married at the close of his taxable year, is not a surviving spouse (as defined in subsection (a)), and either— maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode, as a member of such household, of— a qualifying child of the individual (as defined in section 152(c), determined without regard to section 152(e)), but not if such child— For purposes of this subsection— Notwithstanding paragraph (1), for purposes of this subtitle a taxpayer shall not be considered to be a head of a household— by reason of an individual who would not be a dependent for the taxable year but for— For purposes of this part, an individual shall be treated as not married at the close of the taxable year if such individual is so treated under the provisions of section 7703(b). In the case of a nonresident alien individual, the taxes imposed by sections 1 and 55 shall apply only as provided by section 871 or 877. For definition of taxable income, see section 63.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-597(H.R. 8214)1975-01-02
    An Act to modify the tax treatment of members of the Armed Forces of the United States and civilian employees who are prisoners of war or missing in action, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-455(H.R. 10612)1976-10-04
    Tax Reform Act of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-569(H.R. 7228)1976-10-20
    An Act to amend the Internal Revenue Code of 1954 to permit the authorization of means other than stamp on containers of distilled spirits as evidence of tax payment, to provide an extension of certain provisions relating to members of the Armed Forces missing in action, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-448(H.R. 6056)1983-01-12
    Technical Corrections Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-369(H.R. 4170)1984-07-18
    Deficit Reduction Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-514(H.R. 3838)1986-10-22
    Tax Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-647(H.R. 4333)1988-11-10
    Technical and Miscellaneous Revenue Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 108-311(H.R. 1308)2004-10-04
    Working Families Tax Relief Act of 2004
  • Amended byPub. L. 109-135(H.R. 4440)2005-12-21
    Gulf Opportunity Zone Act of 2005
    House: 415–4Senate: no recorded tally