183
(14) Subparagraph (B) of section 117(d)(2) is
amended by striking ‘‘section 132(f)’’ and inserting
‘‘section 132(h)’’.
(n) EFFECTIVE DATE.—Any amendment made by
this section shall take effect as if included in the provision
of the Revenue Reconciliation Act of 1993 to which such
amendment relates.
SEC. 1704. MISCELLANEOUS PROVISIONS.
(a) APPLICATION OF AMENDMENTS MADE BY TITLE
XII OF OMNIBUS BUDGET RECONCILIATION ACT
OF
1990.—Except as otherwise expressly provided, whenever
in title XII of the Omnibus Budget Reconciliation Act of
1990 an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code
of 1986.
(b) TREATMENT
OF CERTAIN AMOUNTS UNDER
HEDGE BOND RULES.—
(1) Clause (iii) of section 149(g)(3)(B) is
amended to read as follows:
‘‘(iii) AMOUNTS HELD PENDING REIN-
VESTMENT
OR
REDEMPTION.—Amounts
held for not more than 30 days pending re-
investment or bond redemption shall be
184
treated as invested in bonds described in
clause (i).’’
(2) The amendment made by paragraph (1)
shall take effect as if included in the amendments
made by section 7651 of the Omnibus Budget Rec-
onciliation Act of 1989.
(c) 
TREATMENT
OF
CERTAIN
DISTRIBUTIONS
UNDER SECTION 1445.—
(1) IN
GENERAL.—Paragraph (3) of section
1445(e) is amended by adding at the end thereof
the following new sentence: ‘‘Rules similar to the
rules of the preceding provisions of this paragraph
shall apply in the case of any distribution to which
section 301 applies and which is not made out of the
earnings and profits of such a domestic corpora-
tion.’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to distributions after
the date of the enactment of this Act.
(d) TREATMENT OF CERTAIN CREDITS UNDER SEC-
TION 469.—
(1) IN GENERAL.—Subparagraph (B) of section
469(c)(3) is amended by adding at the end thereof
the following new sentence: ‘‘If the preceding sen-
tence applies to the net income from any property
185
for any taxable year, any credits allowable under
subpart B (other than section 27(a)) or D of part
IV of subchapter A for such taxable year which are
attributable to such property shall be treated as
credits not from a passive activity to the extent the
amount of such credits does not exceed the regular
tax liability of the taxpayer for the taxable year
which is allocable to such net income.’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to taxable years begin-
ning after December 31, 1986.
(e) TREATMENT OF DISPOSITIONS UNDER PASSIVE
LOSS RULES.—
(1) IN GENERAL.—Subparagraph (A) of section
469(g)(1) is amended to read as follows:
‘‘(A) IN GENERAL.—If all gain or loss real-
ized on such disposition is recognized, the ex-
cess of—
‘‘(i) any loss from such activity for
such taxable year (determined after the ap-
plication of subsection (b)), over
‘‘(ii) any net income or gain for such
taxable year from all other passive activi-
ties (determined after the application of
subsection (b)),
186
shall be treated as a loss which is not from a
passive activity.’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to taxable years begin-
ning after December 31, 1986.
(f) MISCELLANEOUS AMENDMENTS
TO FOREIGN
PROVISIONS.—
(1) COORDINATION OF UNIFIED ESTATE TAX
CREDIT WITH TREATIES.—Subparagraph (A) of sec-
tion 2102(c)(3) is amended by adding at the end
thereof the following new sentence: ‘‘For purposes
of the preceding sentence, property shall not be
treated as situated in the United States if such
property is exempt from the tax imposed by this
subchapter under any treaty obligation of the United
States.’’
(2) TREATMENT OF CERTAIN INTEREST PAID
TO RELATED PERSON.—
(A) Subparagraph (B) of section 163(j)(1)
is amended by inserting before the period at the
end thereof the following: ‘‘(and clause (ii) of
paragraph (2)(A) shall not apply for purposes
of applying this subsection to the amount so
treated)’’.
187
(B) Subsection (j) of section 163 is amend-
ed by redesignating paragraph (7) as paragraph
(8) and by inserting after paragraph (6) the
following new paragraph:
‘‘(7) 
COORDINATION
WITH
PASSIVE
LOSS
RULES, ETC.—This subsection shall be applied be-
fore sections 465 and 469.’’
(C) The amendments made by this para-
graph shall apply as if included in the amend-
ments made by section 7210(a) of the Revenue
Reconciliation Act of 1989.
(3) TREATMENT OF INTEREST ALLOCABLE TO
EFFECTIVELY CONNECTED INCOME.—
(A) IN GENERAL.—
(i) Subparagraph (B) of section
884(f)(1) is amended by striking ‘‘to the
extent’’ and all that follows down through
‘‘subparagraph (A)’’ and inserting ‘‘to the
extent that the allocable interest exceeds
the interest described in subparagraph
(A)’’.
(ii) The second sentence of section
884(f)(1) is amended by striking ‘‘reason-
ably expected’’ and all that follows down
through the period at the end thereof and
188
inserting ‘‘reasonably expected to be alloca-
ble interest.’’
(iii) Paragraph (2) of section 884(f) is
amended to read as follows:
‘‘(2) ALLOCABLE INTEREST.—For purposes of
this subsection, the term ‘allocable interest’ means
any interest which is allocable to income which is ef-
fectively connected (or treated as effectively con-
nected) with the conduct of a trade or business in
the United States.’’
(B) EFFECTIVE DATE.—The amendments
made by subparagraph (A) shall take effect as
if included in the amendments made by section
1241(a) of the Tax Reform Act of 1986.
(4) CLARIFICATION OF SOURCE RULE.—
(A) IN GENERAL.—Paragraph (2) of sec-
tion 865(b) is amended by striking ‘‘863(b)’’
and inserting ‘‘863’’.
(B) EFFECTIVE
DATE.—The amendment
made by subparagraph (A) shall take effect as
if included in the amendments made by section
1211 of the Tax Reform Act of 1986.
(5) REPEAL OF OBSOLETE PROVISIONS.—
(A) Paragraph (1) of section 6038(a) is
amended by striking ‘‘, and’’ at the end of sub-
189
paragraph (E) and inserting a period, and by
striking subparagraph (F).
(B) Subsection (b) of section 6038A is
amended by adding ‘‘and’’ at the end of para-
graph (2), by striking ‘‘, and’’ at the end of
paragraph (3) and inserting a period, and by
striking paragraph (4).
(g) TREATMENT OF ASSIGNMENT OF INTEREST IN
CERTAIN BOND-FINANCED FACILITIES.—
(1) IN GENERAL.—Subparagraph (A) of section
1317(3) of the Tax Reform Act of 1986 is amended
by adding at the end thereof the following new sen-
tence: ‘‘A facility shall not fail to be treated as de-
scribed in this subparagraph by reason of an assign-
ment (or an agreement to an assignment) by the
governmental unit on whose behalf the bonds are is-
sued of any part of its interest in the property fi-
nanced by such bonds to another governmental
unit.’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
such section 1317 on the date of the enactment of
the Tax Reform Act of 1986.
(h) CLARIFICATION OF TREATMENT OF MEDICARE
ENTITLEMENT UNDER COBRA PROVISIONS.—
190
(1) IN GENERAL.—
(A) 
Subclause 
(V) 
of 
section
4980B(f)(2)(B)(i) is amended to read as
follows:
‘‘(V) MEDICARE
ENTITLEMENT
FOLLOWED BY QUALIFYING EVENT.—
In the case of a qualifying event de-
scribed in paragraph (3)(B) that oc-
curs less than 18 months after the
date the covered employee became en-
titled to benefits under title XVIII of
the Social Security Act, the period of
coverage for qualified beneficiaries
other than the covered employee shall
not terminate under this clause before
the close of the 36-month period be-
ginning on the date the covered em-
ployee became so entitled.’’
(B) Clause (v) of section 602(2)(A) of the
Employee Retirement Income Security Act of
1974 is amended to read as follows:
‘‘(v) MEDICARE
ENTITLEMENT
FOL-
LOWED
BY
QUALIFYING
EVENT.—In the
case of a qualifying event described in sec-
tion 603(2) that occurs less than 18
191
months after the date the covered em-
ployee became entitled to benefits under
title XVIII of the Social Security Act, the
period of coverage for qualified bene-
ficiaries other than the covered employee
shall not terminate under this subpara-
graph before the close of the 36-month pe-
riod beginning on the date the covered em-
ployee became so entitled.’’
(C) Clause (iv) of section 2202(2)(A) of
the Public Health Service Act is amended to
read as follows:
‘‘(iv) MEDICARE ENTITLEMENT FOL-
LOWED
BY
QUALIFYING
EVENT.—In the
case of a qualifying event described in sec-
tion 2203(2) that occurs less than 18
months after the date the covered em-
ployee became entitled to benefits under
title XVIII of the Social Security Act, the
period of coverage for qualified bene-
ficiaries other than the covered employee
shall not terminate under this subpara-
graph before the close of the 36-month pe-
riod beginning on the date the covered em-
ployee became so entitled.’’
192
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to plan years begin-
ning after December 31, 1989.
(i) TREATMENT OF CERTAIN REMIC INCLUSIONS.—
(1) IN
GENERAL.—Subsection (a) of section
860E is amended by adding at the end thereof the
following new paragraph:
‘‘(6) COORDINATION WITH MINIMUM TAX.—For
purposes of part VI of subchapter A of this
chapter—
‘‘(A) the reference in section 55(b)(2) to
taxable income shall be treated as a reference
to taxable income determined without regard to
this subsection,
‘‘(B) the alternative minimum taxable in-
come of any holder of a residual interest in a
REMIC for any taxable year shall in no event
be less than the excess inclusion for such tax-
able year, and
‘‘(C) any excess inclusion shall be dis-
regarded for purposes of computing the alter-
native tax net operating loss deduction.
The preceding sentence shall not apply to any orga-
nization to which section 593 applies, except to the
193
extent provided in regulations prescribed by the Sec-
retary under paragraph (2).’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the amendments made by section 671 of the Tax Re-
form Act of 1986 unless the taxpayer elects to apply
such amendment only to taxable years beginning
after the date of the enactment of this Act.
(j) EXEMPTION FROM HARBOR MAINTENANCE TAX
FOR CERTAIN PASSENGERS.—
(1) IN GENERAL.—Subparagraph (D) of section
4462(b)(1) (relating to special rule for Alaska, Ha-
waii, and possessions) is amended by inserting be-
fore the period the following: ‘‘, or passengers trans-
ported on United States flag vessels operating solely
within the State waters of Alaska or Hawaii and ad-
jacent international waters’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the amendments made by section 1402(a) of the
Harbor Maintenance Revenue Act of 1986.
(k) AMENDMENTS RELATED TO REVENUE PROVI-
SIONS OF ENERGY POLICY ACT OF 1992.—
(1) Effective with respect to taxable years be-
ginning after December 31, 1990, subclause (II) of
194
section 53(d)(1)(B)(iv) is amended to read as
follows:
‘‘(II) the adjusted net minimum
tax for any taxable year is the amount
of the net minimum tax for such year
increased in the manner provided in
clause (iii).’’
(2) Subsection (g) of section 179A is redesig-
nated as subsection (f).
(3) Subparagraph (E) of section 6724(d)(3) is
amended by striking ‘‘section 6109(f)’’ and inserting
‘‘section 6109(h)’’.
(4)(A) Subsection (d) of section 30 is amend-
ed—
(i) by inserting ‘‘(determined without re-
gard to subsection (b)(3))’’ before the period at
the end of paragraph (1) thereof, and
(ii) by adding at the end thereof the follow-
ing new paragraph:
‘‘(4) ELECTION
TO
NOT
TAKE
CREDIT.—No
credit shall be allowed under subsection (a) for any
vehicle if the taxpayer elects to not have this section
apply to such vehicle.’’
196
‘‘(ii) For purposes of the Internal Revenue
Code of 1986—
‘‘(I) clause (i) shall apply, and
‘‘(II) a qualified football coaches plan
shall be treated as a multiemployer collec-
tively bargained plan.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to years beginning
after December 22, 1987.
(m) DETERMINATION
OF UNRECOVERED INVEST-
MENT IN ANNUITY CONTRACT.—
(1) IN GENERAL.—Subparagraph (A) of section
72(b)(4) is amended by inserting ‘‘(determined with-
out regard to subsection (c)(2))’’ after ‘‘contract’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the amendments made by section 1122(c) of the Tax
Reform Act of 1986.
(n) MODIFICATIONS
TO ELECTION TO INCLUDE
CHILD’S INCOME ON PARENT’S RETURN.—
(1) ELIGIBILITY FOR ELECTION.—Clause (ii) of
section 1(g)(7)(A) (relating to election to include
certain unearned income of child on parent’s return)
is amended to read as follows:
197
‘‘(ii) such gross income is more than
the 
amount 
described 
in 
paragraph
(4)(A)(ii)(I) and less than 10 times the
amount so described,’’.
(2) COMPUTATION OF TAX.—Subparagraph (B)
of section 1(g)(7) (relating to income included on
parent’s return) is amended—
(A) by striking ‘‘$1,000’’ in clause (i) and
inserting ‘‘twice the amount described in para-
graph (4)(A)(ii)(I)’’, and
(B) by amending subclause (II) of clause
(ii) to read as follows:
‘‘(II) for each such child, 15 per-
cent of the lesser of the amount de-
scribed in paragraph (4)(A)(ii)(I) or
the excess of the gross income of such
child over the amount so described,
and’’.
(3) MINIMUM TAX.—Subparagraph (B) of sec-
tion 59(j)(1) is amended by striking ‘‘$1,000’’ and
inserting ‘‘twice the amount in effect for the taxable
year under section 63(c)(5)(A)’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to taxable years begin-
ning after December 31, 1995.
198
(o) TREATMENT
OF CERTAIN VETERANS’ REEM-
PLOYMENT RIGHTS.—
(1) IN GENERAL.—Section 414 is amended by
adding at the end the following new subsection:
‘‘(u) SPECIAL RULES RELATING TO VETERANS’ RE-
EMPLOYMENT RIGHTS UNDER USERRA.—
‘‘(1) TREATMENT OF CERTAIN CONTRIBUTIONS
MADE
PURSUANT
TO
VETERANS’ REEMPLOYMENT
RIGHTS.—If any contribution is made by an em-
ployer or an employee under an individual account
plan with respect to an employee, or by an employee
to a defined benefit plan that provides for employee
contributions, and such contribution is required by
reason of such employee’s rights under chapter 43 of
title 38, United States Code, resulting from qualified
military service, then—
‘‘(A) such contribution shall not be subject
to any otherwise applicable limitation contained
in section 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, and shall not be
taken into account in applying such limitations
to other contributions or benefits under such
plan or any other plan, with respect to the year
in which the contribution is made,
199
‘‘(B) such contribution shall be subject to
the limitations referred to in subparagraph (A)
with respect to the year to which the contribu-
tion relates (in accordance with rules prescribed
by the Secretary), and
‘‘(C) such plan shall not be treated as fail-
ing to meet the requirements of section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k)(3),
408(k)(6), 408(p), 410(b), or 416 by reason of
the making of (or the right to make) such con-
tribution.
For purposes of the preceding sentence, any elective
deferral or employee contribution made under para-
graph (2) shall be treated as required by reason of
the employee’s rights under such chapter 43.
‘‘(2) REEMPLOYMENT RIGHTS UNDER USERRA
WITH RESPECT TO ELECTIVE DEFERRALS.—
‘‘(A) IN GENERAL.—For purposes of this
subchapter and section 457, if an employee is
entitled to the benefits of chapter 43 of title 38,
United States Code, with respect to any plan
which provides for elective deferrals, the em-
ployer sponsoring the plan shall be treated as
meeting the requirements of such chapter 43
200
with respect to such elective deferrals only if
such employer—
‘‘(i) permits such employee to make
additional elective deferrals under such
plan (in the amount determined under sub-
paragraph (B) or such lesser amount as is
elected by the employee) during the period
which begins on the date of the reemploy-
ment of such employee with such employer
and has the same length as the lesser of—
‘‘(I) the product of 3 and the pe-
riod of qualified military service which
resulted in such rights, and
‘‘(II) 5 years, and
‘‘(ii) makes a matching contribution
with respect to any additional elective de-
ferral made pursuant to clause (i) which
would have been required had such defer-
ral actually been made during the period of
such qualified military service.
‘‘(B) AMOUNT OF MAKEUP REQUIRED.—
The amount determined under this subpara-
graph with respect to any plan is the maximum
amount of the elective deferrals that the indi-
vidual would have been permitted to make
201
under the plan in accordance with the limita-
tions referred to in paragraph (1)(A) during the
period of qualified military service if the indi-
vidual had continued to be employed by the em-
ployer during such period and received com-
pensation as determined under paragraph (7).
Proper adjustment shall be made to the amount
determined under the preceding sentence for
any elective deferrals actually made during the
period of such qualified military service.
‘‘(C) ELECTIVE DEFERRAL.—For purposes
of this paragraph, the term ‘elective deferral’
has the meaning given such term by section
402(g)(3); except that such term shall include
any deferral of compensation under an eligible
deferred compensation plan (as defined in sec-
tion 457(b)).
‘‘(D) AFTER-TAX
EMPLOYEE
CONTRIBU-
TIONS.—References in subparagraphs (A) and
(B) to elective deferrals shall be treated as in-
cluding references to employee contributions.
‘‘(3) CERTAIN
RETROACTIVE
ADJUSTMENTS
NOT REQUIRED.—For purposes of this subchapter
and subchapter E, no provision of chapter 43 of title
202
38, United States Code, shall be construed as re-
quiring—
‘‘(A) any crediting of earnings to an em-
ployee with respect to any contribution before
such contribution is actually made, or
‘‘(B) any allocation of any forfeiture with
respect to the period of qualified military serv-
ice.
‘‘(4) LOAN
REPAYMENT
SUSPENSIONS
PER-
MITTED.—If any plan suspends the obligation to
repay any loan made to an employee from such plan
for any part of any period during which such em-
ployee is performing service in the uniformed serv-
ices (as defined in chapter 43 of title 38, United
States Code), whether or not qualified military serv-
ice, such suspension shall not be taken into account
for purposes of section 72(p), 401(a), or 4975(d)(1).
‘‘(5) QUALIFIED MILITARY SERVICE.—For pur-
poses of this subsection, the term ‘qualified military
service’ means any service in the uniformed services
(as defined in chapter 43 of title 38, United States
Code) by any individual if such individual is entitled
to reemployment rights under such chapter with re-
spect to such service.
203
‘‘(6) INDIVIDUAL
ACCOUNT
PLAN.—For pur-
poses of this subsection, the term ‘individual account
plan’ means any defined contribution plan (including
any tax-sheltered annuity plan under section 403(b),
any simplified employee pension under section
408(k), any qualified salary reduction arrangement
under section 408(p), and any eligible deferred com-
pensation plan (as defined in section 457(b)).
‘‘(7) COMPENSATION.—For purposes of sections
403(b)(3), 415(c)(3), and 457(e)(5), an employee
who is in qualified military service shall be treated
as receiving compensation from the employer during
such period of qualified military service equal to—
‘‘(A) the compensation the employee would
have received during such period if the em-
ployee were not in qualified military service, de-
termined based on the rate of pay the employee
would have received from the employer but for
absence during the period of qualified military
service, or
‘‘(B) if the compensation the employee
would have received during such period was not
reasonably certain, the employee’s average com-
pensation from the employer during the 12-
month period immediately preceding the quali-
204
fied military service (or, if shorter, the period of
employment immediately preceding the qualified
military service).
‘‘(8) USERRA REQUIREMENTS FOR QUALIFIED
RETIREMENT
PLANS.—For purposes of this sub-
chapter and section 457, an employer sponsoring a
retirement plan shall be treated as meeting the re-
quirements of chapter 43 of title 38, United States
Code, only if each of the following requirements is
met:
‘‘(A) An individual reemployed under such
chapter is treated with respect to such plan as
not having incurred a break in service with the
employer maintaining the plan by reason of
such individual’s period of qualified military
service.
‘‘(B) Each period of qualified military
service served by an individual is, upon reem-
ployment under such chapter, deemed with re-
spect to such plan to constitute service with the
employer maintaining the plan for the purpose
of determining the nonforfeitability of the indi-
vidual’s accrued benefits under such plan and
for the purpose of determining the accrual of
benefits under such plan.
205
‘‘(C) An individual reemployed under such
chapter is entitled to accrued benefits that are
contingent on the making of, or derived from,
employee contributions or elective deferrals only
to the extent the individual makes payment to
the plan with respect to such contributions or
deferrals. No such payment may exceed the
amount the individual would have been per-
mitted or required to contribute had the indi-
vidual remained continuously employed by the
employer throughout the period of qualified
military service. Any payment to such plan shall
be made during the period beginning with the
date of reemployment and whose duration is 3
times the period of the qualified military service
(but not greater than 5 years).
‘‘(9) PLANS NOT SUBJECT TO TITLE 38.—This
subsection shall not apply to any retirement plan to
which chapter 43 of title 38, United States Code,
does not apply.
‘‘(10) REFERENCES.—For purposes of this sec-
tion, any reference to chapter 43 of title 38, United
States Code, shall be treated as a reference to such
chapter as in effect on December 12, 1994 (without
regard to any subsequent amendment).’’
206
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall be effective as of December
12, 1994.
(p) REPORTING OF REAL ESTATE TRANSACTIONS.—
(1) IN
GENERAL.—Paragraph (3) of section
6045(e) (relating to prohibition of separate charge
for filing return) is amended by adding at the end
the following new sentence: ‘‘Nothing in this para-
graph shall be construed to prohibit the real estate
reporting person from taking into account its cost of
complying with such requirement in establishing its
charge (other than a separate charge for complying
with such requirement) to any customer for perform-
ing services in the case of a real estate transaction.’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
section 1015(e)(2)(A) of the Technical and Mis-
cellaneous Revenue Act of 1988.
(q) CLARIFICATION OF DENIAL OF DEDUCTION FOR
STOCK REDEMPTION EXPENSES.
(1) IN
GENERAL.—Paragraph (1) of section
162(k) is amended by striking ‘‘the redemption of
its stock’’ and inserting ‘‘the reacquisition of its
stock or of the stock of any related person (as de-
fined in section 465(b)(3)(C))’’.
207
(2) CERTAIN DEDUCTIONS PERMITTED.—Sub-
paragraph (A) of section 162(k)(2) is amended by
striking ‘‘or’’ at the end of clause (i), by redesignat-
ing clause (ii) as clause (iii), and by inserting after
clause (i) the following new clause:
‘‘(ii) deduction for amounts which are
properly allocable to indebtedness and am-
ortized over the term of such indebtedness,
or’’.
(3) CLERICAL
AMENDMENT.—The subsection
heading for subsection (k) of section 162 is amended
by striking ‘‘REDEMPTION’’ and inserting ‘‘REAC-
QUISITION’’.
(4) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the amendments made by
this subsection shall apply to amounts paid or
incurred after September 13, 1995, in taxable
years ending after such date.
(B) PARAGRAPH
(2).—The amendment
made by paragraph (2) shall take effect as if
included in the amendment made by section
613 of the Tax Reform Act of 1986.
(r) CLERICAL AMENDMENT TO SECTION 404.—
208
(1) IN
GENERAL.—Paragraph (1) of section
404(j) is amended by striking ‘‘(10)’’ and inserting
‘‘(9)’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the amendments made by section 713(d)(4)(A) of
the Deficit Reduction Act of 1984.
(s) PASSIVE INCOME NOT TO INCLUDE FSC IN-
COME, ETC.—
(1) IN
GENERAL.—Paragraph (2) of section
1296(b) is amended by striking ‘‘or’’ at the end of
subparagraph (B), by striking the period at the end
of subparagraph (C) and inserting ‘‘, or’’, and by in-
serting after subparagraph (C) the following new
subparagraph:
‘‘(D) which is foreign trade income of a
FSC or export trade income of an export trade
corporation (as defined in section 971).’’
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the amendments made by section 1235 of the Tax
Reform Act of 1986.
(t) MISCELLANEOUS CLERICAL AMENDMENTS.—
209
(1) Subclause (II) of section 56(g)(4)(C)(ii) is
amended by striking ‘‘of the subclause’’ and insert-
ing ‘‘of subclause’’.
(2) Paragraph (2) of section 72(m) is amended
by inserting ‘‘and’’ at the end of subparagraph (A),
by striking subparagraph (B), and by redesignating
subparagraph (C) as subparagraph (B).
(3) Paragraph (2) of section 86(b) is amended
by striking ‘‘adusted’’ and inserting ‘‘adjusted’’.
(4)(A) The heading for section 112 is amended
by striking ‘‘COMBAT PAY’’ and inserting ‘‘COM-
BAT ZONE COMPENSATION’’.
(B) The item relating to section 112 in the
table of sections for part III of subchapter B of
chapter 1 is amended by striking ‘‘combat pay’’ and
inserting ‘‘combat zone compensation’’.
(C) Paragraph (1) of section 3401(a) is amend-
ed by striking ‘‘combat pay’’ and inserting ‘‘combat
zone compensation’’.
(5) Clause (i) of section 172(h)(3)(B) is amend-
ed by striking the comma at the end thereof and in-
serting a period.
(6) Clause (ii) of section 543(a)(2)(B) is
amended by striking ‘‘section 563(c)’’ and inserting
‘‘section 563(d)’’.
210
(7) Paragraph (1) of section 958(a) is amended
by striking ‘‘sections 955(b)(1) (A) and (B),
955(c)(2)(A)(ii), and 960(a)(1)’’ and inserting ‘‘sec-
tion 960(a)(1)’’.
(8) Subsection (g) of section 642 is amended by
striking ‘‘under 2621(a)(2)’’ and inserting ‘‘under
section 2621(a)(2)’’.
(9) Section 1463 is amended by striking ‘‘this
subsection’’ and inserting ‘‘this section’’.
(10) Subsection (k) of section 3306 is amended
by inserting a period at the end thereof.
(11) The item relating to section 4472 in the
table of sections for subchapter B of chapter 36 is
amended by striking ‘‘and special rules’’.
(12) Paragraph (2) of section 4978(b) is
amended by striking the period at the end of sub-
paragraph (A) and inserting a comma, and by strik-
ing the period and quotation marks at the end of
subparagraph (B) and inserting a comma.
(13) Paragraph (3) of section 5134(c) is
amended by striking ‘‘section 6662(a)’’ and inserting
‘‘section 6665(a)’’.
(14) Paragraph (2) of section 5206(f) is
amended by striking ‘‘section 5(e)’’ and inserting
‘‘section 105(e)’’.
211
(15) Paragraph (1) of section 6050B(c) is
amended by striking ‘‘section 85(c)’’ and inserting
‘‘section 85(b)’’.
(16) Subsection (k) of section 6166 is amended
by striking paragraph (6).
(17) Subsection (e) of section 6214 is amended
to read as follows:
‘‘(e) CROSS REFERENCE.—
‘‘For provision giving Tax Court jurisdiction to
order a refund of an overpayment and to award
sanctions, see section 6512(b)(2).’’
(18) The section heading for section 6043 is
amended by striking the semicolon and inserting a
comma.
(19) The item relating to section 6043 in the
table of sections for subpart B of part III of sub-
chapter A of chapter 61 is amended by striking the
semicolon and inserting a comma.
(20) The table of sections for part I of sub-
chapter A of chapter 68 is amended by striking the
item relating to section 6662.
(21)(A) Section 7232 is amended—
(i) by striking ‘‘LUBRICATING OIL,’’ in
the heading, and
(ii) by striking ‘‘lubricating oil,’’ in the
text.
212
(B) The table of sections for part II of sub-
chapter A of chapter 75 is amended by striking ‘‘lu-
bricating oil,’’ in the item relating to section 7232.
(22) Paragraph (1) of section 6701(a) of the
Omnibus Budget Reconciliation Act of 1989 is
amended by striking ‘‘subclause (IV)’’ and inserting
‘‘subclause (V)’’.
(23) Clause (ii) of section 7304(a)(2)(D) of
such Act is amended by striking ‘‘subsection (c)(2)’’
and inserting ‘‘subsection (c)’’.
(24) Paragraph (1) of section 7646(b) of such
Act is amended by striking ‘‘section 6050H(b)(1)’’
and inserting ‘‘section 6050H(b)(2)’’.
(25) Paragraph (10) of section 7721(c) of
such 
Act 
is 
amended 
by 
striking 
‘‘section
6662(b)(2)(C)(ii)’’ 
and 
inserting 
‘‘section
6661(b)(2)(C)(ii)’’.
(26) Subparagraph (A) of section 7811(i)(3) of
such Act is amended by inserting ‘‘the first place it
appears’’ before ‘‘in clause (i)’’.
(27) Paragraph (10) of section 7841(d) of
such Act is amended by striking ‘‘section 381(a)’’
and inserting ‘‘section 381(c)’’.
213
(28) Paragraph (2) of section 7861(c) of such
Act is amended by inserting ‘‘the second place it ap-
pears’’ before ‘‘and inserting’’.
(29) Paragraph (1) of section 460(b) is amend-
ed by striking ‘‘the look-back method of paragraph
(3)’’ and inserting ‘‘the look-back method of para-
graph (2)’’.
(30) Subparagraph (C) of section 50(a)(2) is
amended by striking ‘‘subsection (c)(4)’’ and insert-
ing ‘‘subsection (d)(5)’’.
(31) Subparagraph (B) of section 172(h)(4) is
amended by striking the material following the head-
ing and preceding clause (i) and inserting ‘‘For pur-
poses of subsection (b)(2)—’’.
(32) Subparagraph (A) of section 355(d)(7) is
amended by inserting ‘‘section’’ before ‘‘267(b)’’.
(33) Subparagraph (C) of section 420(e)(1) is
amended by striking ‘‘mean’’ and inserting ‘‘means’’.
(34) Paragraph (4) of section 537(b) is amend-
ed by striking ‘‘section 172(i)’’ and inserting ‘‘sec-
tion 172(f)’’.
(35) Subparagraph (B) of section 613(e)(1) is
amended by striking the comma at the end thereof
and inserting a period.
214
(36) Paragraph (4) of section 856(a) is amend-
ed by striking ‘‘section 582(c)(5)’’ and inserting
‘‘section 582(c)(2)’’.
(37) 
Sections 
904(f)(2)(B)(i) 
and
907(c)(4)(B)(iii) are each amended by inserting ‘‘(as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990)’’ after
‘‘section 172(h)’’.
(38) Subsection (b) of section 936 is amended
by striking ‘‘subparagraphs (D)(ii)(I)’’ and inserting
‘‘subparagraphs (D)(ii)’’.
(39) Subsection (c) of section 2104 is amended
by striking ‘‘subparagraph (A), (C), or (D) of
section 
861(a)(1)’’ 
and 
inserting 
‘‘section
861(a)(1)(A)’’.
(40) Subparagraph (A) of section 280A(c)(1) is
amended to read as follows:
‘‘(A) as the principal place of business for
any trade or business of the taxpayer,’’.
(41) Section 6038 is amended by redesignating
the subsection relating to cross references as sub-
section (f).
(42) Clause (iv) of section 6103(e)(1)(A) is
amended by striking all that follows ‘‘provisions of’’
and inserting ‘‘section 1(g) or 59(j);’’.
215
(43) The subsection (f) of section 6109 of the
Internal Revenue Code of 1986 which was added by
section 2201(d) of Public Law 101–624 is redesig-
nated as subsection (g).
(44) Subsection (b) of section 7454 is amended
by striking ‘‘section 4955(e)(2)’’ and inserting ‘‘sec-
tion 4955(f)(2)’’.
(45) Subsection (d) of section 11231 of the
Revenue Reconciliation Act of 1990 shall be applied
as if ‘‘comma’’ appeared instead of ‘‘period’’ and as
if the paragraph (9) proposed to be added ended
with a comma.
(46) Paragraph (1) of section 11303(b) of the
Revenue Reconciliation Act of 1990 shall be applied
as if ‘‘paragraph’’ appeared instead of ‘‘subpara-
graph’’ in the material proposed to be stricken.
(47) Subsection (f) of section 11701 of the Rev-
enue Reconciliation Act of 1990 is amended by in-
serting ‘‘(relating to definitions)’’ after ‘‘section
6038(e)’’.
(48) Subsection (i) of section 11701 of the Rev-
enue Reconciliation Act of 1990 shall be applied as
if ‘‘subsection’’ appeared instead of ‘‘section’’ in the
material proposed to be stricken.
216
(49) Subparagraph (B) of section 11801(c)(2)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘section 56(g)’’ appeared instead of
‘‘section 59(g)’’.
(50) Subparagraph (C) of section 11801(c)(8)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘reorganizations’’ appeared instead of
‘‘reorganization’’ in the material proposed to be
stricken.
(51) Subparagraph (H) of section 11801(c)(9)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘section 1042(c)(1)(B)’’ appeared in-
stead of ‘‘section 1042(c)(2)(B)’’.
(52) Subparagraph (F) of section 11801(c)(12)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘and (3)’’ appeared instead of ‘‘and
(E)’’.
(53) Subparagraph (A) of section 11801(c)(22)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘chapters 21’’ appeared instead of
‘‘chapter 21’’ in the material proposed to be strick-
en.
(54) Paragraph (3) of section 11812(b) of the
Revenue Reconciliation Act of 1990 shall be applied
217
by not executing the amendment therein to the
heading of section 42(d)(5)(B).
(55) Clause (i) of section 11813(b)(9)(A) of the
Revenue Reconciliation Act of 1990 shall be applied
as if a comma appeared after ‘‘(3)(A)(ix)’’ in the
material proposed to be stricken.
(56) Subparagraph (F) of section 11813(b)(13)
of the Revenue Reconciliation Act of 1990 shall be
applied as if ‘‘tax’’ appeared after ‘‘investment’’ in
the material proposed to be stricken.
(57) Paragraph (19) of section 11813(b) of the
Revenue Reconciliation Act of 1990 shall be applied
as if ‘‘Paragraph (20) of section 1016(a), as redesig-
nated by section 11801,’’ appeared instead of ‘‘Para-
graph (21) of section 1016(a)’’.
(58) Paragraph (5) section 8002(a) of the Sur-
face Transportation Revenue Act of 1991 shall be
applied as if ‘‘4481(e)’’ appeared instead of
‘‘4481(c)’’.
(59) Section 7872 is amended—
(A) by striking ‘‘foregone’’ each place it
appears in subsections (a) and (e)(2) and in-
serting ‘‘forgone’’, and
(B) by striking ‘‘FOREGONE’’ in the head-
ing for subsection (e) and the heading for para-
218
graph (2) of subsection (e) and inserting ‘‘FOR-
GONE’’.
(60) Paragraph (7) of section 7611(h) is
amended by striking ‘‘approporiate’’ and inserting
‘‘appropriate’’.
(61) The heading of paragraph (3) of section
419A(c) is amended by striking ‘‘SEVERENCE’’ and
inserting ‘‘SEVERANCE’’.
(62) Clause (ii) of section 807(d)(3)(B) is
amended by striking ‘‘Commissoners’ ’’ and insert-
ing ‘‘Commissioners’ ’’.
(63) Subparagraph (B) of section 1274A(c)(1)
is amended by striking ‘‘instument’’ and inserting
‘‘instrument’’.
(64) Subparagraph (B) of section 724(d)(3) by
striking ‘‘Subparagaph’’ and inserting ‘‘Subpara-
graph’’.
(65) The last sentence of paragraph (2) of sec-
tion 42(c) is amended by striking ‘‘of 1988’’.
(66) Paragraph (1) of section 9707(d) is
amended by striking ‘‘diligence,’’ and inserting ‘‘dili-
gence’’.
(67) Subsection (c) of section 4977 is amended
by striking ‘‘section 132(i)(2)’’ and inserting ‘‘sec-
tion 132(h)’’.
219
(68) The last sentence of section 401(a)(20) is
amended by striking ‘‘section 211’’ and inserting
‘‘section 521’’.
(69) Subparagraph (A) of section 402(g)(3) is
amended by striking ‘‘subsection (a)(8)’’ and insert-
ing ‘‘subsection (e)(3)’’.
(70) The last sentence of section 403(b)(10) is
amended by striking ‘‘an direct’’ and inserting ‘‘a
direct’’.
(71) Subparagraph (A) of section 4973(b)(1) is
amended by striking ‘‘sections 402(c)’’ and inserting
‘‘section 402(c)’’.
(72) Paragraph (12) of section 3405(e) is
amended 
by 
striking 
‘‘(b)(3)’’ 
and 
inserting
‘‘(b)(2)’’.
(73) Paragraph (41) of section 521(b) of the
Unemployment Compensation Amendments of 1992
shall be applied as if ‘‘section’’ appeared instead of
‘‘sections’’ in the material proposed to be stricken.
(74) Paragraph (27) of section 521(b) of the
Unemployment Compensation Amendments of 1992
shall be applied as if ‘‘Section 691(c)(5)’’ appeared
instead of ‘‘Section 691(c)’’.