[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 803 Engrossed in House (EH)]
H. Res. 803
In the House of Representatives, U.S.,
May 9, 2006.
Resolved, That upon the adoption of this resolution the bill (H.R. 1499)
entitled ``An Act to amend the Internal Revenue Code of 1986 to allow members of
the Armed Forces serving in a combat zone to make contributions to their
individual retirement plans even if the compensation on which such contribution
is based is excluded from gross income, and for other purposes'', with the
Senate amendment thereto, shall be considered to have been taken from the
Speaker's table to the end that the Senate amendment thereto be, and the same is
hereby, agreed to with an amendment as follows:
At the end of the Senate amendment add the following:
On page 3, after line 3 of the House engrossed bill, insert
the following:
(c) Contributions for Taxable Years Ending Before Enactment.--
(1) In general.--In the case of any taxpayer with respect
to whom compensation was excluded from gross income under
section 112 of the Internal Revenue Code of 1986 for any
taxable year beginning after December 31, 2003, and ending
before the date of the enactment of this Act, any contribution
to an individual retirement plan made on account of such
taxable year and not later than the last day of the 3-year
period beginning on the date of the enactment of this Act shall
be treated, for purposes of such Code, as having been made on
the last day of such taxable year.
(2) Waiver of limitations.--
(A) Credit or refund.--If the credit or refund of
any overpayment of tax resulting from a contribution to
which paragraph (1) applies is prevented at any time by
the operation of any law or rule of law (including res
judicata), such credit or refund may nevertheless be
allowed or made if the claim therefor is filed before
the close of the 1-year period beginning on the date
that such contribution is made (determined without
regard to paragraph (1)).
(B) Assessment of deficiency.--The period for
assessing a deficiency attributable to a contribution
to which paragraph (1) applies shall not expire before
the close of the 3-year period beginning on the date
that such contribution is made. Such deficiency may be
assessed before the expiration of such 3-year period
notwithstanding the provisions of any other law or rule
of law which would otherwise prevent such assessment.
(3) Individual retirement plan defined.--For purposes of
this subsection, the term ``individual retirement plan'' has
the meaning given such term by section 7701(a)(37) of such
Code.
Attest:
Clerk.