Source
(Aug. 16, 1954, ch. 736, 68A Stat. 90; Pub. L. 94–455, title XIX, §§ 1901(b)(3)(J),
1906
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1793, 1834; Pub. L. 95–600, title VII, § 702(a)(1), (2), Nov. 6, 1978, 92 Stat. 2925; Pub. L. 96–223, title IV, § 401(a), Apr. 2, 1980, 94 Stat. 299; Pub. L. 97–248, title II, §§ 222(e)(1)(A), (2),
226
(b),
227
(a), Sept. 3, 1982, 96 Stat. 480, 492; Pub. L. 98–369, div. A, title VII, § 712(i)(2), (l)(5)(B), (6), July 18, 1984, 98 Stat. 948, 954; Pub. L. 101–508, title XI, § 11801(a)(18), Nov. 5, 1990, 104 Stat. 1388–521; Pub. L. 108–27, title III, § 302(e)(3), May 28, 2003, 117 Stat. 763.)
Amendment of Section
For termination of amendment by section 303 of Pub. L. 108–27, see Effective and Termination Dates of 2003 Amendment note below.
Amendments
2003—Subsec. (a)(1)(D).
Pub. L. 108–27, §§ 302(e)(3),
303, temporarily added subpar. (D). See Effective and Termination Dates of 2003 Amendment note below.
1990—Subsec. (h).
Pub. L. 101–508 struck out subsec. (h) which related to stock received in distributions and reorganizations to which 1939 Code applied.
1984—Subsec. (b)(1).
Pub. L. 98–369, § 712(i)(2), substituted “interest, etc.” for “interest” in heading.
Subsec. (c)(3).
Pub. L. 98–369, § 712(l)(6), incorporated existing second sentence in provision designated subpar. (A) and added subpar. (B).
Subsec. (c)(4).
Pub. L. 98–369, § 712(l)(5)(B), substituted “the rules of section
304
(c)(3)(B) shall apply” for “sections
318
(a)(2)(C) and
318
(a)(3)(C) shall be applied without regard to the 50 percent limitation contained therein”.
1982—Subsec. (b)(1)(B).
Pub. L. 97–248, § 222(e)(2), substituted “paragraph (3) or (4) of section
302
(b)” for “section
302
(b)(3)”.
Subsec. (b)(2).
Pub. L. 97–248, § 222(e)(1)(A), struck out “partial or” before “complete liquidation”.
Subsec. (c)(3).
Pub. L. 97–248, § 226(b), added par. (3).
Subsec. (c)(4).
Pub. L. 97–248, § 227(a), added par. (4).
1980—Subsecs. (a)(3), (b)(5).
Pub. L. 96–223 repealed the amendments made by
Pub. L. 95–600, § 702(a)(1), (2). See 1978 Amendment notes below.
1978—Subsec. (a)(3).
Pub. L. 95–600, § 702(a)(1), added par. (3) which related to ordinary income from the sale or redemption of section
306 stock which was carryover basis property adjusted for 1976 value. See Repeals note below.
Subsec. (b)(5).
Pub. L. 95–600, § 702(a)(2), added par. (5) which provided that subsec. (a) of this section shall not apply to the extent that section
303 applies to a distribution in redemption of section
306 stock. See Repeals note below.
1976—Subsec. (a)(1)(A), (B)(i).
Pub. L. 94–455, § 1901(b)(3)(J), substituted “ordinary income” for “gain from the sale of property which is not a capital asset”.
Subsec. (b)(4).
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f).
Pub. L. 94–455, § 1901(b)(3)(J), substituted “ordinary income” for “gain from the sale of property which is not a capital asset”.
Effective and Termination Dates of 2003 Amendment
Amendment by
Pub. L. 108–27 applicable, except as otherwise provided, to taxable years beginning after Dec. 31, 2002, see section 302(f) of
Pub. L. 108–27, set out as a note under section
1 of this title.
Amendment by
Pub. L. 108–27 inapplicable to taxable years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 303 of
Pub. L. 108–27, as amended, set out as a note under section
1 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97–248, to which such amendment relates, see section 715 of
Pub. L. 98–369, set out as a note under section
31 of this title.
Effective Date of 1982 Amendment
Amendment by section 222(e)(1)(A), (2) of
Pub. L. 97–248 applicable to distributions after Aug. 31, 1982, with exceptions for certain partial liquidations, see section 222(f) of
Pub. L. 97–248, set out as a note under section
302 of this title.
Amendment by section 226(b) of
Pub. L. 97–248 applicable to transfers occurring after Aug. 31, 1982, except for certain transfers pursuant to an application to form a BHC filed with the Federal Reserve Board before Aug. 16, 1982, see section 226(c) of
Pub. L. 97–248, set out as a note under section
304 of this title.
Section 227(c)(1) of
Pub. L. 97–248 provided that: “The amendment made by subsection (a) [amending this section] shall apply to stock received after August 31, 1982, in taxable years ending after such date.”
Effective Date of 1980 Amendment and Revival of Prior Law
Amendment by
Pub. L. 96–223 (repealing section 702(a)(1), (2) of
Pub. L. 95–600 and the amendments made thereby, which had amended this section) applicable in respect of decedents dying after Dec. 31, 1976, and, except for certain elections, this title to be applied and administered as if those repealed provisions had not been enacted, see section 401(b), (e) of
Pub. L. 96–223, set out as a note under section
1023 of this title.
Effective Date of 1978 Amendment
Section 702(a)(3) of
Pub. L. 95–600 provided that the amendments made by section 702(a) of
Pub. L. 95–600 would apply to the estates of decedents dying after Dec. 31, 1979, prior to repeal by
Pub. L. 96–223, title IV, § 401(a), Apr. 2, 1980,
94 Stat. 299.
Effective Date of 1976 Amendment
Amendment by section 1901(b)(3)(J) of
Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of
Pub. L. 94–455, set out as a note under section
2 of this title.
Repeals
Pub. L. 95–600, § 702(a)(1), (2), cited as a credit to this section, and the amendments made thereby, were repealed by
Pub. L. 96–223, title IV, § 401(a), Apr. 2, 1980,
94 Stat. 299, resulting in the text of this section reading as it read prior to enactment of section
702
(a)(1), (2). See Effective Date of 1980 Amendment and Revival of Prior Law note above.
Savings Provision
For provisions that nothing in amendment by
Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of
Pub. L. 101–508, set out as a note under section
45K of this title.