Page:United States Statutes at Large Volume 111 Part 1.djvu/829

 PUBLIC LAW 105-34—AUG. 5, 1997 111 STAT. 805 required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return under subparagraph (A) or (B) of subsection (b)(2) a written statement showing— "(1) the name, address, and phone number of the information contact of the person required to make such return, and "(2) the aggregate amounts described in subparagraph (C) of subsection (b)(2). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. "(e) DEFINITIONS.— For purposes of this section, the terms 'eligible educational institution' and 'qualified tuition and related expenses' have the meanings given such terms by section 25A. " (f) RETURNS WHICH WOULD BE REQUIRED TO BE MADE BY 2 OR MORE PERSONS.— Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a). "(g) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. No penalties shall be imposed under part II of subchapter B of chapter 68 with respect to any return or statement required under this section until such time as such regulations are issued.". (2) ASSESSABLE PENALTIES.— (A) Subparagraph (B) of section 6724(d)(1) (relating to definitions) is amended by redesignating clauses (ix) through (xiv) as clauses (x) tlu*ough (xv), respectively, and by inserting after clause (viii) the following new clause: "(ix) section 6050S (relating to returns relating to payments for qualified tuition and related expenses),". (B) Paragraph (2) of section 6724(d) is amended by striking "or" at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ", or", and by adding at the end the following new subparagraph: "(Z) section 6050S(d) (relating to returns relating to qualified tuition and related expenses).". (3) CLERICAL AMENDMENT.—The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6050R the following new item: "Sec. 6050S. Returns relating to higher education tuition and related expenses.". (d) COORDINATION WITH SECTION 135. —Subsection (d) of section 135 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: " (2) COORDINATION WITH HIGHER EDUCATION CREDIT.— The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable

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