§1006

Although petitioner contends that he satisfies the requirements ofsection 7491(a)(2), we need not decide whether the burden ofproofshifts to respondent - 5 - [*5] with respect to factual issues under section 7491(a)(1) because our conclusions herein are based on a preponderance ofthe evidence: See Estate of Bongard v.

1006, 123 Stat. at 316, section 36 generally allows up to an $8,000 credit against an individual's Federal income tax ifthe individual qualifies as a first-time homebuyer who "purchased" a principal residence in the United States after April 9, 2008, and before December 1, 2009. Sec. 36(a), (h). - 4 - Section 36(c)(3)(A)(i) defines a "purchas

from a liquidating distribution received before January 1, 1989. See Tax Reform Act of 1986, Pub. L. 99- 514, secs. 631(e)(3), 633(d), 100 Stat. 2085, 2273, 2278-2279, as amended by Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 1006(g), 102 Stat. 3342, 3407. The election was required to be in writing and filed by the shareholder on Form 964, Election of Shareholder Under Section 333 Liquidation, within 30 days after the adoption date of the liquidation plan. See sec. 33