Added by Stats. 2019, Ch. 511, Sec. 2. (AB 136) Effective October 4, 2019.
(a)For taxable years beginning on or after January 1, 2014, a deduction for a charitable contribution to an educational organization that is a postsecondary institution or to the Key Worldwide Foundation, pursuant to Section 170 of the Internal Revenue Code, relating to charitable, etc., contributions and gifts, and a deduction for a business expense related to a payment to the Edge College and Career Network, LLC, pursuant to Section 162 of the Internal Revenue Code,
relating to trade or business expenses, shall not be allowed to a taxpayer who meets all of the following conditions:
(1)They are charged as a defendant in any of the following criminal complaints filed in the United States District Court for the District of Massachusetts:
(A)Criminal Complaint #19-CR-10081-IT.
(B)Criminal Complaint #19-CR-10078-RWZ.
(C)Criminal Complaint #19-CR-10075-MLW.
(D)Criminal Complaint #19-CR-10074-NMG.
(E)Criminal Complaint #19-cr-10079-RWZ.
(F)Criminal Complaint #1:19-cr-10117.
(G)Criminal Complaint #1:19-cr-10115.
(H)Criminal Complaint #19-cr-10131.
(I)Criminal Complaint #1:19-cr-10116.
(J)Criminal Complaint #1-19-cr-10080.
(2)There is a final determination of their guilt with regard to a violation of any offense of Title 18 of the United States Code arising out of that criminal complaint.
(3)There is a finding that they took the deduction unlawfully pursuant to the final determination of guilt described in paragraph (2), or pursuant to a determination by the Franchise Tax Board.
(b)For purposes of this section, “final determination
of guilt” means that the defendant has been convicted by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived, or by a plea of guilty, and that the defendant has exhausted all appellate remedies.
Cite this section