Page:United States Statutes at Large Volume 100 Part 3.djvu/440

 100 STAT. 2248

PUBLIC LAW 99-514—OCT. 22, 1986 "(ii) Q U A L I F I E D TUITION AND RELATED EXPENSES.—The

term 'qualified tuition and related expenses' has the meaning given such term by section 117(b), except that such term shall include any reasonable living expenses while away from home. "(D) DEPENDENT.—For purposes of this paragraph, the term 'dependent' has the meaning given such term by section 152. "(5) OTHER DEFINITIONS AND SPECIAL RULES.— "(A) QUALIFIED RESIDENCE.—For purposes

of this subsec-

tion—

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"(i) IN GENERAL.—The term 'qualified residence' means— "(I) the principal residence (within the meaning of section 1034) of the taxpayer, and "(II) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(l)). "(ii)

,., ^.. I' '.

MARRIED

INDIVIDUALS FILING

SEPARATE RE-

TURNS.—If a married couple does not file a joint return for the taxable year— "(I) such couple shall be treated as 1 taxpayer for purposes of clause (i), and "(II) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence, "(iii) RESIDENCE NOT USED OR RENTED.—For purposes of clause (i)(II), notwithstanding section 280A(d)(l), if the taxpayer does not rent or use a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year. "(B)

SPECIAL RULE FOR COOPERATIVE HOUSING CORPORA-

TIONS.—For purposes of this paragraph, any indebtedness .,„ secured by stock held by the taxpayer as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as so defined) shall be treated as secured by the house or apartment which the taxpayer is entitled to occupy as such a tenant-stockholder. If stock described in the preceding sentence may not be used to secure indebted,, I ness, indebtedness shall be treated as so secured if the taxpayer establishes to the satisfaction of the Secretary that such indebtedness was incurred to acquire such stock. "(6) PHASE-IN OF LIMITATION.—In the case of any taxable year beginning in calendar years 1987 through 1990, the amount of interest with respect to which a deduction is disallowed under this subsection shall be equal to the applicable percentage (within the meaning of subsection (d)(6)(B)) of the amount which (but for this subsection) would have been so disallowed." (d) TECHNICAL AMENDMENTS.—

(1) Clause (i) of section 7872(d)(l)(E) is amended by striking out "section 163(d)(3)" and inserting in lieu thereof "section 163(d)(4)". (2)(A) Sections 467(c)(5) and 1255(b)(2) are each amended by striking out "section 163(d),".

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