When I was reading through that on H&R Block online, I thought it said that you could take the credit if you were going to buy the house before July (?) of '09. Did I hallucinate that?
Not exactly. Before Obama's economic stimulous plan changed the credit if you purchased a home before July, of 09 you could go back and amend your 2008 return to get immediate benefit of the tax credit, rather than waiting until you could file an 09 return.
You can still do that, but now (for houses purchased in 2009) its an 8000.00 credit and you have to buy before 12/1/09.
You cannot take the credit in anticipation of buying a house. You have to have actually done so.
This guy is in potentially a huge amount of trouble.