
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC192]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                        Subtitle A--Income Taxes
 
                  CHAPTER 1--NORMAL TAXES AND SURTAXES
 
               Subchapter B--Computation of Taxable Income
 
      PART VI--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS
 
Sec. 192. Contributions to black lung benefit trust


(a) Allowance of deduction

    There is allowed as a deduction for the taxable year an amount equal 
to the sum of the amounts contributed by the taxpayer during the taxable 
year to or under a trust or trusts described in section 501(c)(21).

(b) Limitation

    The maximum amount of the deduction allowed by subsection (a) for 
any taxpayer for any taxable year shall not exceed the greater of--
        (1) the amount necessary to fund (with level funding) the 
    remaining unfunded liability of the taxpayer for black lung claims 
    filed (or expected to be filed) by (or with respect to) past or 
    present employees of the taxpayer, or
        (2) the aggregate amount necessary to increase each trust 
    described in section 501(c)(21) to the amount required to pay all 
    amounts payable out of such trust for the taxable year.

(c) Special rules

    (1) Method of determining amounts referred to in subsection 
                                     (b)

        (A) In general

            The amounts described in subsection (b) shall be determined 
        by using reasonable actuarial methods and assumptions which are 
        not inconsistent with regulations prescribed by the Secretary.

        (B) Funding period

            Except as provided in subparagraph (C), the funding period 
        for purposes of subsection (b)(1) shall be the greater of--
                (i) the average remaining working life of miners who are 
            present employees of the taxpayer, or
                (ii) 10 taxable years.

        For purposes of the preceding sentence, the term ``miner'' has 
        the same meaning as such term has when used in section 402(d) of 
        the Black Lung Benefits Act (30 U.S.C. 902(d)).

        (C) Different funding periods

            To the extent that--
                (i) regulations prescribed by the Secretary provide for 
            a different period, or
                (ii) the Secretary consents to a different period 
            proposed by the taxpayer,

        such different period shall be substituted for the funding 
        period provided in subparagraph (B).

               (2) Benefit payments taken into account

        In determining the amounts described in subsection (b), only 
    those black lung benefit claims the payment of which is expected to 
    be made from the trust shall be taken into account.

               (3) Time when contributions deemed made

        For purposes of this section, a taxpayer shall be deemed to have 
    made a payment of a contribution on the last day of a taxable year 
    if the payment is on account of that taxable year and is made not 
    later than the time prescribed by law for filing the return for that 
    taxable year (including extensions thereof).

       (4) Contributions to be in cash or certain other items

        No deduction shall be allowed under subsection (a) with respect 
    to any contribution to a trust described in section 501(c)(21) other 
    than a contribution in cash or in items in which such trust may 
    invest under subclause (II) of section 501(c)(21)(A)(ii).

        (5) Denial of section 162 deduction with respect to 
                                  liability

        No deduction shall be allowed under section 162(a) with respect 
    to any liability taken into account in determining the deduction 
    under subsection (a) of this section of the taxpayer (or a 
    predecessor).

(d) Carryover of excess contributions

    If the amount of the deduction determined under subsection (a) for 
the taxable year (without regard to the limitation imposed by subsection 
(b)) with respect to a trust exceeds the limitation imposed by 
subsection (b) for the taxable year, the excess shall be carried over to 
the succeeding taxable year and treated as contributed to the trust 
during that year.

(e) Definition of black lung benefit claim

    For purposes of this section, the term ``black lung benefit claim'' 
means a claim for compensation for disability or death due to 
pneumoconiosis under part C of title IV of the Federal Mine Safety and 
Health Act of 1977 or under any State law providing for such 
compensation.

(Added Pub. L. 95-227, Sec. 4(b)(1), Feb. 10, 1978, 92 Stat. 16; amended 
Pub. L. 95-488, Sec. 1(a)-(c), Oct. 20, 1978, 92 Stat. 1637; Pub. L. 96-
222, title I, Sec. 108(b)(2)(B), Apr. 1, 1980, 94 Stat. 226; Pub. L. 
102-486, title XIX, Sec. 1940(c), Oct. 24, 1992, 106 Stat. 3035.)

                       References in Text

    The Federal Mine Safety and Health Act of 1977, referred to in 
subsec. (e), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as amended 
by Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1290. Part C of title IV of 
the Federal Mine Safety and Health Act of 1977 is classified generally 
to part C of subchapter IV of chapter 22 (Sec. 931 et seq.) of Title 30, 
Mineral Lands and Mining. For complete classification of this Act to the 
Code, see Short Title note set out under section 801 of Title 30 and 
Tables.


                               Amendments

    1992--Subsec. (c)(4). Pub. L. 102-486 substituted ``subclause (II) 
of section 501(c)(21)(A)(ii)'' for ``clause (ii) of section 
501(c)(21)(B)''.
    1980--Subsec. (e). Pub. L. 96-222 substituted ``Federal Mine Safety 
and Health Act of 1977'' for ``Federal Coal Mine Health and Safety Act 
of 1969''.
    1978--Subsec. (b). Pub. L. 95-488, Sec. 1(a), substituted provision 
limiting the allowable deduction to the greater of the amount necessary 
to fund the remaining unfunded liability of the taxpayer for the black 
lung claims filed or expected to be filed by past or present employees 
of the taxpayer or the aggregate amount necessary to increase each trust 
described in section 501(c)(21) to the amount required to pay all 
amounts payable out of such trust for the taxable year for provision 
limiting the allowable deduction to the amount necessary, when added to 
the fair market value of trust assets at the beginning of the taxable 
year, to fund the greater of current year obligations or certain future 
obligations.
    Subsec. (c)(1). Pub. L. 95-488, Sec. 1(b), substituted ``Method of 
determining amounts referred to in subsection (b)'' for ``Determination 
of expected future payments'' in heading and in text inserted provisions 
establishing the funding period as the greater of the average remaining 
working life of miners who are present employees of the taxpayer or 10 
taxable years and permitting a different funding period if prescribed or 
consented to by the Secretary.
    Subsec. (c)(5). Pub. L. 95-488, Sec. 1(c), added par. (5).


                    Effective Date of 1992 Amendment

    Section 1940(d) of Pub. L. 102-486 provided that: ``The amendments 
made by this section [amending this section and sections 501 and 4951 of 
this title] shall apply to taxable years beginning after December 31, 
1991.''


                    Effective Date of 1980 Amendment

    Section 108(b)(4) of Pub. L. 96-222 provided that: ``Any amendment 
made by this subsection [amending this section, sections 6503, 6511, 
6862, 7422, and 7454 of this title, and sections 934 and 934a of Title 
30, Mineral Lands and Mining] shall take effect as if included in the 
provision of the Black Lung Benefits Revenue Act of 1977 [see Short 
Title of 1978 Amendments note set out under section 1 of this title] to 
which such amendment relates.''


                    Effective Date of 1978 Amendment

    Section 1(e) of Pub. L. 95-488, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``The amendments 
made by this section [amending this section and section 6104 of this 
title] shall apply to taxable years beginning after December 31, 1977. 
Nothing in the amendments made by subsection (d) to section 6104 of the 
Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall be construed 
to permit the disclosure under such section 6104 of confidential 
business information of contributors to any trust described in section 
501(c)(21) of such Code.''


                             Effective Date

    Section 4(f) of Pub. L. 95-227 provided that: ``The amendments made 
by this section [enacting this section and sections 4951 to 4953 and 
amending sections 501, 4946, 6104, 6213, 6405, 6501, 6503, and 7451 of 
this title] shall apply with respect to contributions, acts, and 
expenditures made after December 31, 1977, in and for taxable years 
beginning after such date.''

                  Section Referred to in Other Sections

    This section is referred to in sections 501, 4952, 4953 of this 
title.
