State Of New York et al v. Mnuchin et al

Filing 47

DECLARATION of Owen T. Conroy in Support re: 44 CROSS MOTION for Summary Judgment .. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106)(Conroy, Owen)

Exhibit 52

CH. 1—NORMAL TAXES AND SURTAXES

47

SEC. 164. TAXES.
(a) G E N E R A L R U L E . — E x c e p t as otherwise provided in this section,

there shall be allowed as a deduction taxes paid or accrued within the
taxable year.
(b) DEDUCTION D E N I E D I N C A S E OP CERTAIN T A X E S . — N o deduction shall be allowed for the following taxes:
(1) Federal income taxes, including—
(A) the tax imposed by section 3101 (relating to the tax on employees under the Federal Insurance Contributions Act);
(B) the taxes imposed by sections 3201 and 3211 (relating to
the taxes on railroad employees and railroad employee representatives) ; and
(C) the tax withheld a t source on wages under section 3402,
and corresponding provisions of prior revenue laws.
(2) Federal war profits and excess profits taxes.
(3) Federal import duties, and Federal excise and stamp taxes
(not described in paragraph (1), (2), (4), or (5)); b u t this paragraph
shall not prevent such duties and taxes from being deducted under
section 162 (relating to trade or business expenses) or section 212
(relating to expenses for the production of income).
(4) Estate, inheritance, legacy, succession, and gift taxes.
(5) Taxes assessed against local benefits of a kind tending to
increase the value of the property assessed; b u t this paragraph shall
not prevent—
(A) the deduction of so much of such taxes as is properly
allocable to maintenance or interest charges; or
(B) the deduction of taxes levied by a special taxing district
if—
(i) the district covers the whole of a t least one county;
(ii) at least 1,000 persons are subject to the taxes levied by
the district; and
(iii) the district levies its assessments annually a t a uniform
rate on the same assessed value of real property, including
improvements, as is used for purposes of the real property tax
' :
generally.
(6) Income, war profits, and excess profits taxes imposed b y the
authority of any foreign country or possession of the United States,
if the taxpayer chooses to take to any extent the benefits of section
901 (relating to the foreign tax credit).
(7) Taxes on real property, to the extent that subsection (d)
requires such taxes to be treated as imposed on another taxpayer.
(c) CERTAIN R E T A I L SALES T A X E S AND GASOLINE T A X E S . —
(1) G E N E R A L R U L E . — I n the case of any State or local sales tax,

if the amount of the tax is separately stated, then, to the extent that
the amount so stated is paid by the consumer (otherwise than in
connection with the consumer's trade or business) to his seller, such
amount shall be allowed as a deduction to the consumer as if it
constituted a tax imposed on, and paid by, such consumer.
(2) DEEINITIGN.—For purposes of paragraph (1), the term
"State or local sales t a x " means a tax imposed b y a State, a Territory, a possession of the United States, or a political subdivision
of any of the foregoing, or by the District of Columbia, which tax—
1164(c)(2)