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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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Section 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-
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment under section 1(f)(3) for
the calendar year in which the taxable year begins.
(C) Rounding. If any amount as adjusted under subparagraph
(B) is not a multiple of $50., such amount shall be rounded to
the nearest multiple of $50. (or if such amount is a multiple of
$25, such amount shall be rounded to the next highest multiple of
$50).
(c) Definitions. For purposes of this section-
(1) Qualified United States savings bond. The term "quali
fied United States savings bond" means any United States savings
bond issued-
(A) after December 31, 1989,
(B) to an individual who has attained age 24 before the date
of issuance, and
(C) at discount under section 3105 of title 31, United
States Code.
(2) Qualified higher education expenses.
(A) In general. The term "qualified higher education
expenses" means tuition and fees required for the enrollment or
attendance of-
(i) the taxpayer,
(ii) the taxpayer's spouse, or
(iii) any dependent of the taxpayer with respect to whom the
taxpayer is allowed a deduction under section 151,
at an eligible educational institution.
(B) Exception for education involving sports, etc. Such
term shall not include expenses with respect to any course or
other education involving sports, games, or hobbies other than as
part of a degree program.
(3) Eligible educational institution. The term "eligible
educational institution" means-
(A) an institution described in section 1201(a) or subpara
graph (C) or (D) of section 481(a)(1) of the Higher Education Act
of 1965 (as in effect on October 21, 1988), and
(B) an area vocational education school (as defined in
subparagraph (C) or (D) of section 521(3) of the Carl D. Perkins
Vocational Education Act) which is in any State (as defined in
section 521(27) of such Act), as such sections are in effect on
October 21, 1988.
(4) Modified adjusted gross income. The term "modified
adjusted gross income" means the adjusted gross income of the
taxpayer for the taxable year determined-
(A) without regard to this section and sections 911, 931,
and 933, and
(B) after the application of sections 86, 469, and 219.
(d) Special rules.
(1) Adjustment for certain scholarships and veterans bene
fits. The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect to
the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts received
with respect to such individual for the taxable year as-
(A) a qualified scholarship which under section 117 is not
includable in gross income,
(B) an educational assistance allowance under chapter 30,
31, 32, 34, or 35 of title 38, United States Code, or
(C) a payment (other than a gift, bequest, devise, or inher
itance within the meaning of section 102(a)) for educational
expenses, or attributable to attendance at an eligible
educational institution, which is exempt from income taxation by
any law of the United States.
(2) No exclusion for married individuals filing separate
returns. If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and his spouse file a joint return for the taxable year.
(3) Regulations. The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out this
section, including regulations requiring record keeping and
information reporting.
Section 136. Cross references to other acts
(a) For exemption of
(1) Allowances and expenditures of meet losses sustained by
persons serving the United States abroad, due to appreciation of
foreign currencies, see section 5943 of Title 5, United States
Code.
(2) Amounts credited to the Maritime Administration under
section 9(b)(6) of the Merchant Ship sales Act of 1946, see
section 9(c)(1) of that Act (50 USC App. 1742).
(3) Benefits under laws administered by the Veteran's
Administration, see section 3101 of title 38, United States Code.
(4) Earnings of slip contractors deposited in special re
serve funds, see section 607(d) of the Merchant Marine Act, 1936
(46 USC 1177).
(5) Income derived from Federal Reserve banks, including
capital stock and surplus, see section 7 of the Federal Reserve
Act (12 USC 531).
(6) Special pensions of persons on Army and Navy medal of
honor roll, see 38 USC 562(a)-(c).
(b) For extension of military income-tax-exemption benefits to
commissioned officers of Public Health Service in certain circum
stances, see section 212 of the Public Health Service Act (42 USC
213).
Section 141. Private activity bond; qualified bond
(a) Private activity bond. For purposes of this title, the term
"private activity bond" means any bond issued as part of an
issue-
(1) which meets-
(A) the private business use test of paragraph (1) of
subsection (b), and
(B) the private security or payment test of paragraph (2) of
subsection (b), or
(2) which meets the private loan financing test of
subsection (c).
(b) Private business tests.
(1) Private business use test. Except as otherwise provided
in the subsection, an issue meets the test of this paragraph if
more than 10 percent of the proceeds of the issue are to be used
for any private business use.
(2) Private security or payment test. Except as otherwise
provided in this subsection, an issue meets the test of this
paragraph if the payment of the principal of, or the interest on,
more than 10 percent of the proceeds of such issue is (under the
terms of such issue or any underlying arrangement) directly or
indirectly-
(A) secured by any interest in-
(i) property used or to be used for a private business use,
or
(ii) payments in respect of such property, or
(B) to be derived from payments (whether or not to the
issuer) in respect of property, or borrowed money, used or to be
used for a private business use.
(3) 5