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LegalText 26 U.S.C. § 179E Election to expense advanced mine safety equipment us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 179E 26 U.S.C. § 179E 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/s179E data/legal/raw/us/code/title-26/usc26.xml f450d9640186e8cc092dcf3f1d3606e42b2131274fb2e6aafc677909890cbcda a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 f45870c8a0fdbcba51ed3e939bfc6ba12181a5d03c193dd44ef11ddae9e9e544 2026-07-04 official
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26 U.S.C. § 179E - Election to expense advanced mine safety equipment

Text

(a) Treatment as expenses A taxpayer may elect to treat 50 percent of the cost of any qualified advanced mine safety equipment property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified advanced mine safety equipment property is placed in service.

(b) Election (1) In general An election under this section for any taxable year shall be made on the taxpayers return of the tax imposed by this chapter for the taxable year. Such election shall specify the advanced mine safety equipment property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

(2) Election irrevocable Any election made under this section may not be revoked except with the consent of the Secretary.

(c) Qualified advanced mine safety equipment property For purposes of this section, the term “qualified advanced mine safety equipment property” means any advanced mine safety equipment property for use in any underground mine located in the United States—

(1) the original use of which commences with the taxpayer, and

(2) which is placed in service by the taxpayer after the date of the enactment of this section.

(d) Advanced mine safety equipment property For purposes of this section, the term “advanced mine safety equipment property” means any of the following:

(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine.

(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine.

(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes.

(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours.

(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine.

(e) Coordination with section 179 No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179.

(f) Reporting No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.

(g) Termination This section shall not apply to property placed in service after December 31, 2017.

(Added Pub. L. 109432, div. A, title IV, § 404(a), Dec. 20, 2006, 120 Stat. 2955; amended Pub. L. 110343, div. C, title III, § 311, Oct. 3, 2008, 122 Stat. 3869; Pub. L. 111312, title VII, § 743(a), Dec. 17, 2010, 124 Stat. 3319; Pub. L. 112240, title III, § 316(a), Jan. 2, 2013, 126 Stat. 2331; Pub. L. 113295, div. A, title I, § 128(a), Dec. 19, 2014, 128 Stat. 4018; Pub. L. 114113, div. Q, title I, § 168(a), Dec. 18, 2015, 129 Stat. 3067; Pub. L. 115123, div. D, title I, § 40307(a), Feb. 9, 2018, 132 Stat. 146.)

Notes

Editorial Notes

References in TextThe date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 109432, which was approved Dec. 20, 2006.

Amendments2018—Subsec. (g). Pub. L. 115123 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 114113 substituted “December 31, 2016” for “December 31, 2014”. 2014—Subsec. (g). Pub. L. 113295 substituted “December 31, 2014” for “December 31, 2013”. 2013—Subsec. (g). Pub. L. 112240 substituted “December 31, 2013” for “December 31, 2011”. 2010—Subsec. (g). Pub. L. 111312 substituted “December 31, 2011” for “December 31, 2009”. 2008—Subsec. (g). Pub. L. 110343 substituted “December 31, 2009” for “December 31, 2008”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentPub. L. 115123, div. D, title I, § 40307(b), Feb. 9, 2018, 132 Stat. 146, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2016.”

Effective Date of 2015 AmendmentPub. L. 114113, div. Q, title I, § 168(b), Dec. 18, 2015, 129 Stat. 3067, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2014.”

Effective Date of 2014 AmendmentPub. L. 113295, div. A, title I, § 128(b), Dec. 19, 2014, 128 Stat. 4018, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2013.”

Effective Date of 2013 AmendmentPub. L. 112240, title III, § 316(b), Jan. 2, 2013, 126 Stat. 2331, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2011.”

Effective Date of 2010 AmendmentPub. L. 111312, title VII, § 743(b), Dec. 17, 2010, 124 Stat. 3319, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2009.”

Effective DatePub. L. 109432, div. A, title IV, § 404(c), Dec. 20, 2006, 120 Stat. 2957, provided that: “The amendments made by this section [enacting this section and amending sections 263, 312, and 1245 of this title] shall apply to costs paid or incurred after the date of the enactment of this Act [Dec. 20, 2006].”