90 STAT. 1736
PUBLIC LAW 94-455—OCT. 4, 1976 (B) by adding at the end thereof the following new paragraph: " (3) ACCOUNTS, ETC., ESTABLISHED FOR NON-EMPLOYED SPOUSE.—
> • Ante, p. 1734. 26 USC 219.
Paragraph (2) shall not apply for any year to an account, annuity, or bond described in section 408(a), 408(b), or 409, respectively, established for the benefit of the spouse of the individual contributing to such account, or for such annuity or bond. if a deduction is allowed under section 220 to such individual with respect to such contribution for such year.". (4) Section 219 (relating to retirement savings) is amended— (A) by striking out "during" in subsection (a) and inserting in lieu thereof "for", (B) by adding at the end of subsection (b) the following new paragraph: "(6) ALTERNATIVE DEDUCTION.—No deduction is allowed under subsection (a) for the taxable year if the individual claims the deduction allowed by section 220 for the taxable year.", (C) by adding at the end of subsection (c)(2) the following new sentence: "For purposes of this section, the determination of whether an individual is married shall be made in accordance with the provisions of section 143(a).", and (D) by adding at the end of subsection (c) the following new paragraph: "(3)
26 USC 408.
26 USC 409. 26 USC 3401. 26 USC 4973.
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T I M E WHEN CONTRIBUTIONS DEEMED MADE.—For purposes
of this section, a taxpayer shall be deemed to have made a contribution on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than 45 days after the end of such taxable year." (5) Paragraph (4) of section 408(d) (relating to excess contributions returned before due date of return) is amended— (A) by inserting "or 220" after "219", and (B) by striking out the last sentence and inserting in lieu thereof the following: "In the case of such a distribution, for purposes of section 61, any net income described in subparagraph (C) shall be deemed to have been earned and receivable in the taxable year in which such excess contribution is made." (6) Paragraph (4) of section 409(a) (relating to retirement bonds) is amended by striking out "in any taxable year" and inserting in lieu thereof "for any taxable year". (7) Paragraph (12) of section 3401(a) (relating to definition of wages) is amended by inserting "or 220(a)" after "219(a)". (8) Section 4973 (relating to tax on excess contributions to individual retirement accounts, etc.) is amended— (A) by striking out "such individual" in the last sentence of subsection (a) and inserting in lieu thereof the following: "the individual to whom a deduction is allowed for the taxable year under section 219 (determined without regard to subsection (b)(1) thereof) or section 220 (determined without regard to subsection (b)(1) thereof), wnichever is appropriate"; (B) by inserting "or 220" after "219" in subsection (b)(1) (B);and (C) by striking out paragraph (2) of subsection (b) and inserting in lieu thereof the following: "(2) the amount determined under this subsection for the preceding taxable year, reduced by the excess (if any) of the maximum amount allowable as a deduction under section 219
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