# Pub. L. 110-28: changes to the Internal Revenue Code 2007-05-25, 121 Stat. 199. Source: . ## Legislative history - Bill: [H.R. 2206](https://www.congress.gov/bill/110th-congress/house-bill/2206) - Bluebook: [JCT general explanation (2009)](https://www.govinfo.gov/app/details/CPRT-111JPRT46159) ## § 1: Tax imposed - § 1(g): Pub. L. 110–28, § 8241(b), struck out “minor” before “children” in heading. - § 1(g)(2)(A): Pub. L. 110–28, § 8241(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “such child has not attained age 18 before the close of the taxable year,”. ## § 38: General business credit - § 38(c)(4)(B)(iii), § 38(c)(4)(B)(iv): Pub. L. 110–28 added cls. (iii) and (iv). ## § 45B: Credit for portion of employer social security taxes paid with respect to employee cash tips - § 45B(b)(1)(B): Pub. L. 110–28 inserted “as in effect on January 1, 2007, and” before “determined without regard to”. ## § 51: Amount of credit - § 51(b)(3): Pub. L. 110–28, § 8211(d)(2), substituted “Limitation on” for “Only first $6,000 of” in heading and inserted “($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))” before period at end. - § 51(c)(4): Pub. L. 110–28, § 8211(a), substituted “August 31, 2011” for “December 31, 2007”. - § 51(d)(1)(D): Pub. L. 110–28, § 8211(b)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “a high-risk youth,”. - § 51(d)(3)(A): Pub. L. 110–28, § 8211(d)(1)(A), substituted “agency as—” and cls. (i) and (ii) for “agency as being a member of a family receiving assistance under a food stamp program under the Food Stamp Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date.” - § 51(d)(3)(C): Pub. L. 110–28, § 8211(d)(1)(B), added subpar. (C). - § 51(d)(5): Pub. L. 110–28, § 8211(b)(1), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: - § 51(d)(6)(B)(iii): Pub. L. 110–28, § 8211(c), added cl. (iii). ## § 179: Election to expense certain depreciable business assets - § 179(b)(1): Pub. L. 110–28, § 8212(a), (b)(1), substituted “$125,000 in the case of taxable years beginning after 2006” for “$100,000 in the case of taxable years beginning after 2002” and “2011” for “2010”. - § 179(b)(2): Pub. L. 110–28, § 8212(a), (b)(2), substituted “$500,000 in the case of taxable years beginning after 2006” for “$400,000 in the case of taxable years beginning after 2002” and “2011” for “2010”. - § 179(b)(5)(A): Pub. L. 110–28, § 8212(a), (c)(1), (2), in introductory provisions, substituted “2007” for “2003”, “2011” for “2010”, and “$125,000 and $500,000” for “$100,000 and $400,000”. - § 179(b)(5)(A): Pub. L. 110–28, § 8212(c)(3), substituted “2006” for “2002”. - § 179(c)(2), § 179(d)(1)(A)(ii): Pub. L. 110–28, § 8212(a), substituted “2011” for “2010”. ## § 414: Definitions and special rules - § 414(f)(6)(A)(ii)(I): Pub. L. 110–28, § 6611(a)(2)(A), substituted “for each of the 3 plan years immediately preceding the first plan year for which the election under this paragraph is effective with respect to the plan,” for “for each of the 3 plan years immediately before the date of enactment of the Pension Protection Act of 2006,”. - § 414(f)(6)(B): Pub. L. 110–28, § 6611(a)(2)(B), substituted “starting with any plan year beginning on or after January 1, 1999, and ending before January 1, 2008, as designated by the plan in the election made under subparagraph (A)(ii)” for “starting with the first plan year ending after the date of the enactment of the Pension Protection Act of 2006”. - § 414(f)(6)(E): Pub. L. 110–28, § 6611(b)(2), substituted “if it is a plan sponsored by an organization which is described in section 501(c)(5) and exempt from tax under section 501(a) and which was established in Chicago, Illinois, on August 12, 1881.” for “if it is a plan— - § 414(f)(6)(F): Pub. L. 110–28, § 6611(a)(2)(C), added subpar. (F). ## § 420: Transfers of excess pension assets to retiree health accounts - § 420(c)(3)(A): Pub. L. 110–28, § 6613(a), substituted “transfer or, in the case of a transfer which involves a plan maintained by an employer described in subsection (f)(2)(E)(i)(III), if the plan meets the requirements of subsection (f)(2)(D)(i)(II).” for “transfer.” - § 420(e)(2)(B): Pub. L. 110–28, § 6612(b), substituted “funding target” for “funding shortfall”. - § 420(f)(2)(E)(i)(III): Pub. L. 110–28, § 6612(a), substituted “subsection (c)(3)(E)(ii)(II)” for “subsection (c)(2)(E)(ii)(II)”. ## § 641: Imposition of tax - § 641(c)(2)(C)(iv): Pub. L. 110–28 added cl. (iv). ## § 761: Terms defined - § 761(f), § 761(g): Pub. L. 110–28 added subsec. (f) and redesignated former subsec. (f) as (g). ## § 1361: S corporation defined - § 1361(b)(3)(C): Pub. L. 110–28, § 8234(a), designated existing provisions as cl. (i), inserted cl. (i) heading, and added cl. (ii). - § 1361(f): Pub. L. 110–28, § 8232(a), added subsec. (f). - § 1361(g): Pub. L. 110–28, § 8233(a), added subsec. (g). ## § 1362: Election; revocation; termination - § 1362(d)(3)(B), § 1362(d)(3)(C), § 1362(d)(3): Pub. L. 110–28 added subpars. (B) and (C) and struck out former subpar. (B), which related to gross receipts from dispositions of capital assets (other than stock and securities) being taken into account only to the extent of the capital gain net income therefrom, subpar. (C), which defined passive investment income, subpar. (D), which provided that, in the case of any options dealer or commodities dealer, passive investment income was to be determined by not taking into account any gain or loss from any section 1256 contract or property related to such a contract, subpar. (E), which related to certain dividends not being treated as passive investment income if an S corporation held stock in a C corporation meeting the requirements of section 1504(a)(2), and subpar. (F), which related to the exception from passive investment income for banks and depository institution holding companies. ## § 1368: Distributions - § 1368(f): Pub. L. 110–28 added subsec. (f). ## § 1402: Definitions - § 1402(a)(17): Pub. L. 110–28 added par. (17). ## § 6060: Information returns of tax return preparers - § 6060: Pub. L. 110–28, § 8246(a)(2)(A)(i), substituted “tax return preparers” for “income tax return preparers” in section catchline. - § 6060(a): Pub. L. 110–28, § 8246(a)(2)(A)(ii), substituted “a tax return preparer” for “an income tax return preparer” in two places, “each tax return preparer” for “each income tax return preparer”, and “another tax return preparer” for “another income tax return preparer”. ## § 6103: Confidentiality and disclosure of returns and return information - § 6103(k)(5): Pub. L. 110–28 substituted “tax return preparer” for “income tax return preparer” in two places and “tax return preparers” for “income tax return preparers” in two places. ## § 6107: Tax return preparer must furnish copy of return to taxpayer and must retain a copy or list - § 6107: Pub. L. 110–28, § 8246(a)(2)(C)(i)(I), substituted “Tax return preparer” for “Income tax return preparer” in section catchline. - § 6107(a): Pub. L. 110–28, § 8246(a)(2)(C)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”. - § 6107(b): Pub. L. 110–28, § 8246(a)(2)(C)(i)(II), (III), substituted “tax return preparer” for “income tax return preparer” in heading and “a tax return preparer” for “an income tax return preparer” in text. - § 6107(c): Pub. L. 110–28, § 8246(a)(2)(C)(i)(IV), substituted “tax return preparers” for “income tax return preparers”. ## § 6109: Identifying numbers - § 6109(a)(4): Pub. L. 110–28, § 8246(a)(2)(D)(ii), which directed amendment of heading by substituting “tax return preparer” for “income return preparer”, was executed by making the substitution for “income tax return preparer”, to reflect the probable intent of Congress. - § 6109(a)(4): Pub. L. 110–28, § 8246(a)(2)(D)(i), substituted “a tax return preparer” for “an income tax return preparer”. ## § 6330: Notice and opportunity for hearing before levy - § 6330(f)(3): Pub. L. 110–28, § 8243(a), added par. (3). - § 6330(h): Pub. L. 110–28, § 8243(b), added subsec. (h). ## § 6404: Abatements - § 6404(g)(1)(A), § 6404(g)(3)(A): Pub. L. 110–28 substituted “36-month period” for “18-month period”. ## § 6503: Suspension of running of period of limitation - § 6503(k)(4): Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers”. ## § 6657: Bad checks - § 6657: Pub. L. 110–28 substituted “$1,250” for “$750” and “$25” for “$15”. ## § 6676: Erroneous claim for refund or credit - Enacted 26 U.S.C. § 6676. ## § 6694: Understatement of taxpayer’s liability by tax return preparer - § 6694: Pub. L. 110–28, § 8246(a)(2)(F)(i)(I), substituted “tax return preparer” for “income tax return preparer” in section catchline. - § 6694(a): Pub. L. 110–28, § 8246(b), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “If— - § 6694(b): Pub. L. 110–28, § 8246(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “If any part of any understatement of liability with respect to any return or claim for refund is due— - § 6694(c)(1): Pub. L. 110–28, § 8246(a)(2)(F)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”. - § 6694(c)(2): Pub. L. 110–28, § 8246(a)(2)(F)(i)(III), substituted “the tax return preparer” for “the income tax return preparer”. - § 6694(e): Pub. L. 110–28, § 8246(a)(2)(F)(i)(IV), substituted “this title” for “subtitle A”. - § 6694(f): Pub. L. 110–28, § 8246(a)(2)(F)(i)(V), substituted “tax return preparer” for “income tax return preparer”. ## § 6695: Other assessable penalties with respect to the preparation of tax returns for other persons - § 6695: Pub. L. 110–28, § 8246(a)(2)(G)(i)(I), struck out “income” before “tax” in section catchline. - § 6695(a), § 6695(b), § 6695(c), § 6695(d): Pub. L. 110–28, § 8246(a)(2)(G)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”. - § 6695(f): Pub. L. 110–28, § 8246(a)(2)(G)(i)(II), (ii), substituted “a tax return preparer” for “an income tax return preparer”, “this title” for “subtitle A”, and “the tax return preparer” for “the income tax return preparer”. - § 6695(g): Pub. L. 110–28, § 8246(a)(2)(G)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”. ## § 6696: Rules applicable with respect to sections 6694, 6695, 6695A, and 6695B - § 6696(e): Pub. L. 110–28 substituted “this title” for “subtitle A” in pars. (1) and (2). ## § 7407: Action to enjoin tax return preparers - § 7407: Pub. L. 110–28, § 8246(a)(2)(I)(i)(I), substituted “tax return preparers” for “income tax return preparers” in section catchline. - § 7407(a): Pub. L. 110–28, § 8246(a)(2)(I)(i)(II)–(IV), substituted “tax return” for “income tax return” after “with respect to whose”, “tax return preparer” for “income tax preparer” after “district in which the” and after “against such”, and “a tax return preparer” for “an income tax return preparer” in two places. - § 7407(b): Pub. L. 110–28, § 8246(a)(2)(I)(i)(II), substituted “a tax return preparer” for “an income tax return preparer” in introductory provisions and subpar. (B) of par. (1) and in two places in concluding provisions. ## § 7427: Tax return preparers - § 7427: Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers” in section catchline and “a tax return preparer” for “an income tax return preparer” in text. ## § 7528: Internal Revenue Service user fees - § 7528: Pub. L. 110–28 struck out heading and text of subsec. (c). Text read as follows: “No fee shall be imposed under this section with respect to requests made after September 30, 2014.” ## § 7701: Definitions - § 7701(a)(36): Pub. L. 110–28, § 8246(a)(1)(A), which directed the striking out of “income” in heading, was executed by substituting “Tax” for “Income tax” to reflect the probable intent of Congress. - § 7701(a)(36): Pub. L. 110–28, § 8246(a)(1)(A), struck out “income” before “tax return preparer” in subpar. (A) and in introductory provisions of subpar. (B). - § 7701(a)(36)(A): Pub. L. 110–28, § 8246(a)(1)(B), substituted “this title” for “subtitle A” in two places.