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26 U.S.C. § 58

Denial of certain losses

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

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26 U.S.C. § 58, Denial of certain losses, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462137
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For purposes of computing the amount of the alternative minimum taxable income for any taxable year of a taxpayer other than a corporation— No loss of the taxpayer for such taxable year from any tax shelter farm activity shall be allowed. Any loss from a tax shelter farm activity disallowed under subparagraph (A) shall be treated as a deduction allocable to such activity in the 1st succeeding taxable year. For purposes of this subsection, the term “tax shelter farm activity” means— In determining the amount of the loss from any tax shelter farm activity, the adjustments of sections 56 and 57 shall apply. In computing the alternative minimum taxable income of the taxpayer for any taxable year, section 469 shall apply, except that in applying section 469— For purposes of this section— The amount of losses to which subsection (a) or (b) applies shall be reduced by the amount (if any) by which the taxpayer is insolvent as of the close of the taxable year. For purposes of this paragraph, the term “insolvent” means the excess of liabilities over the fair market value of assets. If the taxpayer disposes of his entire interest in any tax shelter farm activity during any taxable year, the amount of the loss attributable to such activity (determined after carryovers under subsection (a)(1)(B)) shall (to the extent otherwise allowable) be allowed for such taxable year in computing alternative minimum taxable income and not treated as a loss from a tax shelter farm activity.

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.

  • Enacted 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. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    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. 113-295(H.R. 5771)2014-12-19
    Tax Increase Prevention Act of 2014
  • Amended byPub. L. 115-97(H.R. 1)2017-12-22
    An act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018.
  • Amended byPub. L. 115-141(H.R. 1625)2018-03-23
    Consolidated Appropriations Act, 2018
    House: 256–167Senate: no recorded tally