PUBLIC LAW 107-147—MAR. 9, 2002 116 STAT. 25 "(iii) such improvement is placed in service more than 3 years after the date the building was first placed in service. " (B) CERTAIN IMPROVEMENTS NOT INCLUDED. —Such term shall not include any improvement for which the expenditure is attributable to— "(i) the enlargement of the building, "(ii) any elevator or escalator, "(iii) any structural component benefiting a common area, and "(iv) the internal structural framework of the building. " (C) DEFINITIONS AND SPECIAL RULES. —For purposes of this paragraph— "(i) COMMITMENT TO LEASE TREATED AS LEASE.— A commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively. "(ii) RELATED PERSONS. —^A lease between related persons shall not be considered a lease. For purposes of the preceding sentence, the term 'related persons' means— "(I) members of an affiliated group (as defined in section 1504), and "(II) persons having a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase '80 percent or more' shall be substituted for the phrase 'more than 50 percent' each place it appears in such subsection.", (b) EFFECTIVE DATE. —The amendments made by this section Applicability, shall apply to property placed in service after September 10, 2001, 26 USC 168 note. in taxable years ending after such date. SEC. 102. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED FOR 5 YEARS; TEMPORARY SUSPENSION OF 90 PERCENT AMT LIMIT. (a) IN GENERAL.—Paragraph (1) of section 172(b) (relating to 26 USC 172. years to which loss may be carried) is amended by adding at the end the following new subparagraph: "(H) In the case of a taxpayer which has a net operating loss for any taxable year ending during 2001 or 2002, subparagraph (A)(i) shall be applied by substituting '5' for '2' and subparagraph (F) shall not apply.". (b) ELECTION TO DISREGARD 5-YEAR CARRYBACK.— Section 172 (relating to net operating loss deduction) is amended by redesignating subsection (j) as subsection (k) and by inserting after subjection (i) the following new subsection: " (j) ELECTION TO DISREGARD 5-YEAR CARRYBACK FOR CERTAIN NET OPERATING LOSSES. —Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(H) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(H). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the teixpayer's return for the taxable year of the net
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