123STA T . 2 9 92 PUBLIC LA W 111 – 92 —NOV . 6, 2 0 09 Act,isamend ed by st r i k in g‘ ‘ o r ’ ’att h eendo fp aragraph (2) , by striking the period at the end of paragraph ( 3 ) and inserting ‘‘, or’’, and by adding at the end the fo l lo w ing new paragraph
‘‘( 4 )theta x payer fails to attach to the ret u rn of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase . ’’. (c) RESTRIC TI ON ON MA RRIE DI NDI V ID U A L AC Q UIRIN G RESIDENCE F RO M FAMIL Y O FSP OUSE. —C lause (i) of section 3 6 (c)(3)(A) of the Internal Re v enue Code of 198 6 is amended by inserting ‘‘(or, if married, such individual’s spouse)’’ after ‘‘person ac q uiring such property’’. (d) CERTAIN E RRORS W IT H RESPECT TO THE FIRST - TIME H OME- B UYER T A X CREDIT TREATED AS MATHEMATICAL OR CLERICAL ERRORS.— P aragraph (2) of section 6213(g) the Internal Revenue Code of 1986, as amended by this Act, is amended by striking ‘‘and’’ at the end of subparagraph ( N ), by striking the period at the end of subparagraph ( O ) and inserting ‘‘, and’’, and by inserting after subparagraph (O) the following new subparagraph: ‘‘(P) an entry on a return claiming the credit under section 36 if— ‘‘(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(4), ‘‘(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or ‘‘(iii) the taxpayer fails to attach to the return the form described in section 36(d)(4).’’. (e) EFFECTIVE D ATE.— (1) IN GENERAL.—Except as otherwise provided in this sub- section, the amendments made by this section shall apply to purchases after the date of the enactment of this Act. (2) DOCUMENTATION REQUIREMENT.—The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act. (3) TREATMENT AS MATHEMATICAL AND CLERICAL ERRORS.— The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2 0 08. SEC.13 . 5-Y E AR CARRY B AC KOF O P ERA TINGL OSSES. (a) IN G ENERAL.—Subparagraph (H) of section 1 7 2(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ‘‘(H) CARRYBAC K FOR 20 0 8 OR 200 9 NET OPERATING LOSSES.— ‘‘(i) IN GENERAL.—In the case of an applicable net operating loss with respect to which the taxpayer has elected the application of this subparagraph— ‘‘(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the tax- payer which is more than 2 and less than 6 for ‘2’, ‘‘(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under sub- clause (I) for ‘2’, and Ap p licab ili ty.26USC17 2. Applicability. 26 USC 3 6 no t e . 26 USC 6213. 26 USC 36.
