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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 123 Amounts received under insurance contracts for certain living expenses us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 123 26 U.S.C. § 123 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s123 data/legal/raw/us/code/title-26/usc26.xml 2c6a77b68d038d29c0fd0603c2cfbe9458965bddb5a3ef1c0a87bccf4496937f a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 768061d5f22e12f35de013988e2cc8e3232ed5a1032f3aab035f9b8e324cc442 2026-07-04 official
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26 U.S.C. § 123 - Amounts received under insurance contracts for certain living expenses

Text

(a) General rule In the case of an individual whose principal residence is damaged or destroyed by fire, storm, or other casualty, or who is denied access to his principal residence by governmental authorities because of the occurrence or threat of occurrence of such a casualty, gross income does not include amounts received by such individual under an insurance contract which are paid to compensate or reimburse such individual for living expenses incurred for himself and members of his household resulting from the loss of use or occupancy of such residence.

(b) Limitation Subsection (a) shall apply to amounts received by the taxpayer for living expenses incurred during any period only to the extent the amounts received do not exceed the amount by which—

(1) the actual living expenses incurred during such period for himself and members of his household resulting from the loss of use or occupancy of their residence, exceed

(2) the normal living expenses which would have been incurred for himself and members of his household during such period.

(Added Pub. L. 91172, title IX, § 901(a), Dec. 30, 1969, 83 Stat. 709.)

Notes

Editorial Notes

Prior ProvisionsA prior section 123 was renumbered section 140 of this title.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 91172, title IX, § 901(c), Dec. 30, 1969, 83 Stat. 709, provided that: “The amendments made by this section [enacting this section] shall apply with respect to amounts received on or after January 1, 1969.”