Page:United States Statutes at Large Volume 111 Part 1.djvu/974

 Ill STAT. 950 PUBLIC LAW 105-34—AUG. 5, 1997 " (B) PHASEOUT OF EXISTING SUSPENSE ACCOUNTS. — "(i) IN GENERAL.— Each suspense account under this subsection shall be reduced (but not below zero) for each taxable year beginning after June 8, 1997, by an amount equal to the lesser of— "(I) the applicable portion of such account, or "(II) 50 percent of the taxable income of the corporation for the taxable year, or, if the corporation has no taxable income for such year, the amount of any net operating loss (as defined in section 172(c)) for such taxable year. For purposes of the preceding sentence, the amoiint of taxable income and net operating loss shall be determined without regard to this paragraph. "(ii) COORDINATION WITH OTHER REDUCTIONS.— The amount of the applicable portion for any taxable year shall be reduced (but not below zero) by the amount of any reduction required for such taxable year under any other provision of this subsection. "(iv) INCLUSION IN INCOME. — Any reduction in a suspense account under this paragraph shall be included in gross income for the taxable year of the reduction. " (C) APPLICABLE PORTION. —For purposes of subparagraph (B), the term 'applicable portion' means, for any taxable year, the amount which would ratably reduce the amount in the account (after taking into account prior reductions) to zero over the period consisting of such taxable year and the remaining teixable years in such first 20 taxable years. "(D) AMOUNTS AFTER 20TH YEAR.—Any amount in the account as of the close of the 20th year referred to in subparagraph (C) shall be treated as the applicable portion for each succeeding year thereafter to the extent not reduced under this paragraph for any prior taxable year after such 20th year.". 26 USC 447 note. (b) EFFECTIVE DATE.— The amendments made by this section shall apply to tsixable years ending after June 8, 1997. SEC. 1082. MODIFICATION OF TAXABLE YEARS TO WfflCH NET OPERAT- ING LOSSES MAY BE CARRIED. (a) IN GENERAL. —Subparagraph (A) of section 172(b)(1) (relating to years to which loss may be carried) is amended— (1) by striking "3" in clause (i) and inserting "2", and (2) by striking "15" in clause (ii) and inserting "20". (b) RETENTION OF 3-YEAR CARRYBACK FOR CERTAIN LOSSES. — Paragraph (1) of section 172(b) is amended by adding at the end the following new subparagraph: "(F) RETENTION OF 3-YEAR CARRYBACK IN CERTAIN CASES.— "(i) IN GENERAL. — Subparagraph (A)(i) shall be applied by substituting '3 years' for '2 years' with respect to the portion of the net operating loss for the taxable year which is an eligible loss with respect to the taxpayer. "(ii) ELIGIBLE LOSS.—For purposes of clause (i), the term 'eligible loss' means—

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