Page:United States Statutes at Large Volume 102 Part 4.djvu/382

 102 STAT. 3352

42 USC 409.

Housing.

PUBLIC LAW 100-647—NOV. 10, 1988 (2) Paragraph (2) of section 274(k) of the 1986 Code is amended to read as follows: "(2) EXCEPTIONS.—Paragraph (1) shall not apply to— "(A) any expense described in paragraph (2), (3), (4), (7), (8), or (9) of subsection (e), and "(B) any other expense to the extent provided in regulations." (3) Clause (ii) of section 274(m)(l)(B) of the 1986 Code is amended to read as follows: "(ii) any expense described in paragraph (2), (3), (4), (7), (8), or (9) of subsection (e).". (4)(A) Paragraph (2) of section 274(n) of the 1986 Code is amended— (i) by striking "or" at the end of subparagraph (C), (ii) by striking the period at the end of subparagraph (D) and inserting ", or", and (iii) by adding at the end thereof the following: "(E) in the case of an employer who pays or reimburses moving expenses of an employee, such expenses are includible in the income of the employee under section 82. In the case of the employee, the exception of subparagraph (A) shall not apply to expenses described in subparagraph (E)." (B) The following provisions of the 1986 C!ode are each amended by striking out "section 217" and inserting in lieu thereof "section 217 (determined without regard to section 274(n))": (i) Section 3121(a)(ll). (ii) Section 3306(b)(9). (iii) Section 3401(a)(15). (C) Section 209(k) of the Social Security Act is amended by striking out "section 217 of the Internal Revenue Code of 1954 ' and inserting in lieu thereof "section 217 of the Internal Revenue Code of 1986 (determined without regard to section 274(n) of such Code)". (5) Paragraphs (1) and (2) of section 274(h) of the 1986 Code are each amended by striking out "trade or business that" and inserting in lieu thereof "trade or business and that". (h) AMENDMENTS RELATED TO SECTION 143 OF THE REFORM ACT.—

(1) Paragraph (5) of section 280A(c) of the 1986 Code amended by adding at the end thereof the following new sentence: "Any amount taken into account for any taxable year under the preceding sentence shall be subject to the limitation of the 1st sentence of this paragraph whether or not the dwelling unit is used as a residence during such taxable year." (2) Clause (ii) of section 280A(c)(5)(B) of the 1986 Code is amended by striking out "trade or business" and inserting lieu thereof "trade or business (or rental activity)". (3) Section 183(e)(2) of the 1986 Code is amended by striking out "2" and inserting in lieu thereof "3 (or 2 if applicable)'. SEC. 1002. AMENDMENTS RELATED TO TITLE II OF THE REFORM ACT. (a) AMENDMENTS RELATED TO SECTION 201 OF THE REFORM ACT. -

26 USC 7701.

(1) Subsection (d) of section 1250 of the 1986 Code is amended by striking out paragraph (11). (2) Subparagraph (B) of section 201(d)(14) of the Reform Act is amended by striking out "section 168(c)(2)(F)" and inserting in lieu thereof "within the meaning of section 168(c)(2)(F)".

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