Page:United States Statutes at Large Volume 116 Part 1.djvu/70

 116 STAT. 44 PUBLIC LAW 107-147—MAR. 9, 2002 "(B) SCHOOL. — The term 'school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. "(2) COORDINATION WITH EXCLUSIONS.^A deduction shall be allowed under subsection (a)(2)(D) for expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or o30(d)(2) for the taxable year. ". Applicability. (c) EFFECTIVE DATE. —The amendments made by this section 26 USC 62 note. shall apply to taxable years beginning after December 31, 2001. Subtitle B—Technical Corrections SEC. 411. AMENDMENTS RELATED TO ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001. (a) AMENDMENTS RELATED TO SECTION 101 OF THE ACT. — 26 USC 6428. (1) IN GENERAL.— Subsection (b) of section 6428 is amended to read as follows: " (b) CREDIT TREATED AS NONREFUNDABLE PERSONAL CREDIT.— For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1.". (2) CONFORMING AMENDMENTS.— (A) Subsection (d) of section 6428 is amended to read as follows: "(d) COORDINATION WITH ADVANCE REFUNDS OF CREDIT. — "(1) IN GENERAL.— The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). "(2) JOINT RETURNS.—In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.". (B) Paragraph (2) of section 6428(e) is amended to read as follows: "(2) ADVANCE REFUND AMOUNT.— For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if— "(A) this section (other than subsections (b) and (d) and this subsection) had applied to such taxable year, and "(B) the credit for such taxable year were not allowed to exceed the excess (if any) of— "(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over "(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits).".

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