§ 21. Deductions. In computing net income there shall be allowed as
deductions:

1. All the ordinary and necessary expenses paid or incurred during the
year in carrying on business, including a reasonable allowance for
salaries or other compensation for personal services actually rendered,
and including rentals or other payments required to be made as a
condition to the continued use or possession for business purposes of
property to which the taxpayer has not taken or is not taking title or
in which such taxpayer has no equity.

2. All interest paid or accrued during the year on indebtedness.

3. Taxes, other than taxes on income or profits paid or accrued within
the year, imposed, first, by the authority of the United States, or of
any of its possessions, or, second, by the authority of any state, or
territory, or any county, school district, municipality, or other taxing
subdivisions of any state or territory, not including those assessed
against local benefits of a kind tending to increase the value of the
property assessed, or, third, by the authority of any foreign
government, or, fourth, under the franchise tax on banking corporations
imposed by article thirty-two of the tax law, or, fifth, any tax imposed
under this subpart.

4. Losses sustained during the year and not compensated for by
insurance or otherwise, if incurred in business; unless in order to
clearly reflect the income the losses should in the opinion of the
director of finance be accounted for as of a different period. No
deduction shall be allowed for any loss claimed to have been sustained
in any sale or other disposition of shares of stock or securities where
it appears that within thirty days before or after the date of such sale
or other disposition the taxpayer has acquired substantially identical
property, and the property so acquired is held by the taxpayer for any
period after such sale or other disposition, unless such claim is made
with respect to a transaction made in the ordinary course of business.
If such acquisition is to the extent of part only of substantially
identical property, only a proportionate part of the loss shall be
disallowed.

5. Debts ascertained to be worthless and charged off within the year;
or in the discretion of the director of finance a reasonable addition to
a reserve for bad debts. When satisfied that a debt is recoverable only
in part, the director of finance may allow such debt to be charged off
in part.

6. A reasonable allowance for the exhaustion, wear and tear of
property used in business, including a reasonable allowance for
obsolescence. In the case of any such property acquired before January
first, nineteen hundred sixty-six, the amount of such deduction shall be
equal to the deduction properly taken for such property in reporting the
tax due pursuant to article nine-b of the tax law. With respect to
property such as described in subdivision twelve of this section, this
deduction may be computed and allowed as provided therein.

7. If the gross income be derived from business carried on within and
without the city, the deductions allowed by this section shall be
allocated and determined on the basis of separate accounting for each
office or branch or, at the election of the taxpayer, under rules and
regulations to be prescribed by the director of finance.

8. In the case of any taxpayer who establishes or maintains a pension
trust to provide for the payment of reasonable pensions to its
employees, there shall be allowed as a deduction (in addition to the
contributions to such trust during the taxable year to cover the pension
liability accruing during the year, allowed as a deduction under
subdivision one of this section) a reasonable amount transferred or paid
into such trust during the taxable year in excess of such contributions,
but only if such amount (a) has not theretofore been allowable as a
deduction, and (b) is apportioned in equal parts over a period of ten
consecutive years beginning with the year in which the transfer or
payment is made, or, under regulations of the director of finance,
covers not more than one-tenth of the total pension liability with
respect to services rendered prior to such taxable year; provided that
said deduction shall be allowable only with respect to a taxable year
(whether the year of the transfer or payment or a subsequent year) of
the taxpayer ending within or with a taxable year of the trust with
respect to which the trust, by reason of its purposes or activities, is
exempt from federal income tax.

9. The amount of the amortizable bond premium on a bond for the year
shall be allowed as a deduction as hereinafter provided. In computing
such deduction, (a) the amount of the bond premium shall be determined
with reference to the amount of the basis (for determining loss on sale
or exchange) of such bond, and with reference to the amount payable on
maturity or on earlier call date, with adjustments proper to reflect
unamortized bond premium with respect to the bond, for the period prior
to the date as of which this subdivision becomes applicable with respect
to the taxpayer with respect to such bond, and (b) the amortizable bond
premium of the year shall be the amount of the bond premium attributable
to such year. The determination required in the preceding sentence shall
be made in accordance with the method of amortizing bond premium
regularly employed by the holder of such bond, if such method is
reasonable, and in all other cases in accordance with regulations of the
director of finance prescribing reasonable methods of amortizing bond
premium. This subdivision shall apply only if the taxpayer shall so
elect, in accordance with regulations of the director of finance, and
such election shall be made separately with respect to (1) bonds, the
interest of which is wholly taxable, and (2) bonds, the interest of
which is wholly or partially tax exempt, for purposes of the income tax
imposed by chapter one of the internal revenue code. If such election is
made with respect to any bond of the taxpayer described in clauses one
or two hereof, it shall also apply to all bonds in the same class held
by the taxpayer at the beginning of the first year to which the election
applies and to all such bonds thereafter acquired by it and shall be
binding for all subsequent years with respect to all such bonds of the
taxpayer, unless, upon the application by the taxpayer, the director of
finance permits the taxpayer, subject to such conditions as the director
of finance deems necessary, to revoke such election. As used in this
subdivision the term "bond" means any bond, debenture, note or
certificate or other evidence of indebtedness, issued by any corporation
and bearing interest (including any like obligation issued by a
government or political subdivision thereof), with interest coupons or
in registered form, but does not include any such obligation which
constitutes stock in trade of the taxpayer or any such obligation of a
kind which would properly be included in the inventory of the taxpayer
if on hand at the close of the year, or any such obligation held by the
taxpayer primarily for sale to customers in the ordinary course of its
trade or business.

10. In the case of a savings bank and savings and loan association,
amounts paid or credited to depositors or holders of accounts as
interest or dividends on their deposits or withdrawable accounts, if
such amounts are withdrawable on demand subject only to customary notice
of intention to withdraw.

11. A savings bank and savings and loan association may deduct in any
taxable year the amount of the repayment of any loan or advance from the
mutual savings bank fund in computing its net income and the amount of
interest or dividends subject to the minimum tax under subdivision three
of section twelve.

12. (a) At the election of the taxpayer there shall be deducted from
gross income, or if gross income is derived from business carried on
within and without this city, from the portion thereof allocated within
the city, depreciation with respect to any property such as described in
paragraph (b) of this subdivision, not exceeding twice the depreciation
allowed with respect to the same property for federal income tax
purposes.

(b) Such deduction shall be allowed only with respect to tangible
property which is depreciable pursuant to section one hundred
sixty-seven of the internal revenue code, having a situs in this city
and used in the taxpayer's business, (i) the construction,
reconstruction or erection of which is completed after December
thirty-first, nineteen hundred sixty-five, and then only with respect to
that portion of the basis thereof which is properly attributable to such
construction, reconstruction or erection after December thirty-first,
nineteen hundred sixty-five, or (ii) acquired after December
thirty-first, nineteen hundred sixty-five, by purchase as defined in
section one hundred seventy-nine (d) of the internal revenue code, if
the original use of such property commenced with the taxpayer, commenced
in this city and commenced after such date.

(c) If the deduction allowable for any taxable year pursuant to this
subdivision exceeds the taxpayer's net income computed without the
allowance of such deduction and without the allowance of any deduction
pursuant to subdivision six of this section with references to the same
property, the excess may be carried over to the following taxable year
or years and may be deducted in computing net income for such year or
years.

(d) In any taxable year when property is sold or otherwise disposed
of, with respect to which a deduction has been allowed pursuant to this
subdivision, the gain or loss thereon shall be computed by adjusting the
basis of such property to reflect the deductions so allowed, and if the
taxpayer's gross income is derived from business carried on both within
and without the city, shall be allocated within the city. Provided,
however, that no loss shall be recognized for the purposes of this
paragraph with respect to a sale or other disposition of property to a
person whose acquisition thereof is not a purchase as defined in section
one hundred seventy-nine (d) of the internal revenue code.