
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: 26USC193]

 
                     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. 193. Tertiary injectants


(a) Allowance of deduction

    There shall be allowed as a deduction for the taxable year an amount 
equal to the qualified tertiary injectant expenses of the taxpayer for 
tertiary injectants injected during such taxable year.

(b) Qualified tertiary injectant expenses

    For purposes of this section--

                           (1) In general

        The term ``qualified tertiary injectant expenses'' means any 
    cost paid or incurred (whether or not chargeable to capital account) 
    for any tertiary injectant (other than a hydrocarbon injectant which 
    is recoverable) which is used as a part of a tertiary recovery 
    method.

                      (2) Hydrocarbon injectant

        The term ``hydrocarbon injectant'' includes natural gas, crude 
    oil, and any other injectant which is comprised of more than an 
    insignificant amount of natural gas or crude oil. The term does not 
    include any tertiary injectant which is hydrocarbon-based, or a 
    hydrocarbon-derivative, and which is comprised of no more than an 
    insignificant amount of natural gas or crude oil. For purposes of 
    this paragraph, that portion of a hydrocarbon injectant which is not 
    a hydrocarbon shall not be treated as a hydrocarbon injectant.

                    (3) Tertiary recovery method

        The term ``tertiary recovery method'' means--
            (A) any method which is described in subparagraphs (1) 
        through (9) of section 212.78(c) of the June 1979 energy 
        regulations (as defined by section 4996(b)(8)(C) as in effect 
        before its repeal), or
            (B) any other method to provide tertiary enhanced recovery 
        which is approved by the Secretary for purposes of this section.

(c) Application with other deductions

    No deduction shall be allowed under subsection (a) with respect to 
any expenditure--
        (1) with respect to which the taxpayer has made an election 
    under section 263(c), or
        (2) with respect to which a deduction is allowed or allowable to 
    the taxpayer under any other provision of this chapter.

(Added Pub. L. 96-223, title II, Sec. 251(a)(1), Apr. 2, 1980, 94 Stat. 
286; amended Pub. L. 97-448, title II, Sec. 202(b), Jan. 12, 1983, 96 
Stat. 2396; Pub. L. 100-418, title I, Sec. 1941(b)(7), Aug. 23, 1988, 
102 Stat. 1324.)

                       References in Text

    Section 4996(b)(8)(C), referred to in subsec. (b)(3)(A), was 
repealed by Pub. L. 100-418, title I, Sec. 1941(a), Aug. 23, 1988, 102 
Stat. 1322.


                               Amendments

    1988--Subsec. (b)(3)(A). Pub. L. 100-418 substituted ``section 
4996(b)(8)(C) as in effect before its repeal'' for ``section 
4996(b)(8)(C)''.
    1983--Subsec. (b)(1). Pub. L. 97-448 struck out ``during the taxable 
year'' after ``any cost paid or incurred''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-418 applicable to crude oil removed from 
the premises on or after Aug. 23, 1988, see section 1941(c) of Pub. L. 
100-418, set out as a note under section 164 of this title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 97-448 effective, except as otherwise provided, 
as if it had been included in the provision of the Crude Oil Windfall 
Profit Tax Act of 1980, Pub. L. 96-223, to which such amendment relates, 
see section 203(a) of Pub. L. 97-448, set out as a note under section 
6652 of this title.


                             Effective Date

    Section 251(b) of Pub. L. 96-223 provided that: ``The amendments 
made by this section [enacting this section and amending sections 263, 
1245, and 1250 of this title] shall apply to taxable years beginning 
after December 31, 1979.''

                  Section Referred to in Other Sections

    This section is referred to in sections 43, 263, 1245, 1250 of this 
title.
