# 26 U.S.C. § 873: Deductions

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s873>. Cite pinpoints as 26 U.S.C. § 873(a)(1).

## § 873(a) General rule

In the case of a nonresident alien individual, the deductions shall be allowed only for purposes of section 871(b) and (except as provided by subsection (b)) only if and to the extent that they are connected with income which is effectively connected with the conduct of a trade or business within the United States; and the proper apportionment and allocation of the deductions for this purpose shall be determined as provided in regulations prescribed by the Secretary.

## § 873(b) Exceptions

The following deductions shall be allowed whether or not they are connected with income which is effectively connected with the conduct of a trade or business within the United States:

**§ 873(b)(1) Losses.** The deduction allowed by section 165 for casualty or theft losses described in paragraph (2) or (3) of section 165(c), but only if the loss is of property located within the United States.

**§ 873(b)(2) Charitable contributions.** The deduction for charitable contributions and gifts allowed by section 170.

**§ 873(b)(3) Personal exemption.** The deduction for personal exemptions allowed by section 151, except that only one exemption shall be allowed under section 151 unless the taxpayer is a resident of a contiguous country or is a national of the United States.

## § 873(c) Cross reference

For rule that certain foreign taxes are not to be taken into account in determining deduction or credit, see section 906(b)(1).

## Regulations

- [Treas. Reg. § 1.873-1](/26/reg/1.873-1.md): Deductions allowed nonresident alien individuals. (interprets § 873)

## Leading cases

- [Stemkowski v. Commissioner, 76 T.C. 252 (1981)](https://www.courtlistener.com/opinion/4705328/stemkowski-v-commissioner/)
- [Speck v. United States, 28 Fed. Cl. 254 (Fed. Cl. 1993)](https://www.courtlistener.com/opinion/6760974/speck-v-united-states/)
- [Grunebaum v. Commissioner, 420 F.2d 332 (2d Cir. 1970)](https://www.courtlistener.com/opinion/8895496/grunebaum-v-commissioner/)

## Connections

Cites: § 151 Allowance of deductions for personal exemptions; § 165 Losses; § 170 Charitable, etc., contributions and gifts; § 871 Tax on nonresident alien individuals; § 906 Nonresident alien individuals and foreign corporations

Cited by: § 153 Cross references; § 170 Charitable, etc., contributions and gifts; § 877 Expatriation to avoid tax

Derived from: 1939 § 213(a)-(c); 1939 § 214

## Amendments

- 1954-08-16: [Act Aug. 16, 1954, ch. 736](/26/act/1954-ch736.md), 68A Stat. 280
- 1966-11-13: [Pub. L. 89-809](/26/act/89-809.md), 80 Stat. 1550
- 1972-10-27: [Pub. L. 92-580](/26/act/92-580.md), 86 Stat. 1276
- 1976-10-04: [Pub. L. 94-455](/26/act/94-455.md), 90 Stat. 1834
- 1977-05-23: [Pub. L. 95-30](/26/act/95-30.md), 91 Stat. 134
- 1984-07-18: [Pub. L. 98-369](/26/act/98-369.md), 98 Stat. 945
- 1998-10-21: [Pub. L. 105-277](/26/act/105-277.md), 112 Stat. 2681