Source
(Aug. 16, 1954, ch. 736, 68A Stat. 327; Aug. 12, 1955, ch. 871, § 1, 69 Stat. 717; Pub. L. 85–866, title I, § 52(a), (b), Sept. 2, 1958, 72 Stat. 1643, 1644; Pub. L. 94–455, title XIV, § 1402(b)(1)(T), (2), title XIX, § 1901(a)(137), Oct. 4, 1976, 90 Stat. 1732, 1787; Pub. L. 97–34, title V, § 501(c), Aug. 13, 1981, 95 Stat. 326; Pub. L. 98–369, div. A, title X, § 1001(b)(17), (e), July 18, 1984, 98 Stat. 1012; Pub. L. 105–34, title X, § 1003(b)(1), Aug. 5, 1997, 111 Stat. 910; Pub. L. 106–554, § 1(a)(7) [title IV, § 401(f)], Dec. 21, 2000, 114 Stat. 2763, 2763A–649; Pub. L. 107–147, title IV, § 412(d)(3)(A), Mar. 9, 2002, 116 Stat. 54.)
Amendments
2002—Subsec. (e)(2)(E).
Pub. L. 107–147 added subpar. (E).
2000—Subsec. (e)(2)(D).
Pub. L. 106–554 added subpar. (D).
1997—Subsec. (h).
Pub. L. 105–34 added subsec. (h).
1984—Subsecs. (b), (d), (e)(4)(A)(i).
Pub. L. 98–369 substituted “6 months” for “1 year” wherever appearing, applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below.
1981—Subsec. (e)(2)(A).
Pub. L. 97–34 inserted “, but does not include any position to which section
1092
(b) applies” after “taxpayer”.
1976—Subsec. (b).
Pub. L. 94–455, § 1402(b)(2), provided that “9 months” would be changed to “1 year”.
Pub. L. 94–455, § 1402(b)(1)(T), (2), provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977.
Subsec. (c).
Pub. L. 94–455, § 1901(a)(137), substituted “August 16, 1954” for “the date of enactment of this title”.
Subsecs. (d), (e)(4)(A)(i).
Pub. L. 94–455, § 1402(b)(2), provided that “9 months” would be changed to “1 year”.
Pub. L. 94–455, § 1402(b)(1)(T), provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977.
1958—Subsec. (a).
Pub. L. 85–866, § 52(b), struck out “, other than a hedging transaction in commodity futures,” after “sale of property”.
Subsec. (e)(4).
Pub. L. 85–866, § 52(a), added par. (4).
Subsec. (g).
Pub. L. 85–866, § 52(b), added subsec. (g).
1955—Subsec. (f). Act Aug. 12, 1955, added subsec. (f).
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–147 effective as if included in the provisions of the Community Renewal Tax Relief Act of 2000 [H.R.
5662, as enacted by
Pub. L. 106–554], to which such amendment relates, see section 412(e) of
Pub. L. 107–147, set out as a note under section
151 of this title.
Effective Date of 1997 Amendment
Section 1003(b)(2) of
Pub. L. 105–34 provided that: “The amendment made by paragraph (1) [amending this section] shall apply to property which becomes substantially worthless after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 applicable to property acquired after June 22, 1984, and before Jan. 1, 1988, see section 1001(e) of
Pub. L. 98–369, set out as a note under section
166 of this title.
Effective Date of 1981 Amendment
Amendment by
Pub. L. 97–34 applicable to property acquired and positions established by the taxpayer after June 23, 1981, in taxable years ending after such date, and applicable when so elected with respect to property held on June 23, 1981, see section 508 of
Pub. L. 97–34, set out as an Effective Date note under section
1092 of this title.
Effective Date of 1976 Amendment
Section 1402(b)(1) of
Pub. L. 94–455 provided that the amendment made by that section is effective with respect to taxable years beginning in 1977.
Section 1402(b)(2) of
Pub. L. 94–455 provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1977.
Amendment by section 1901(a)(137) of
Pub. L. 94–455 applicable with respect to 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.
Effective Date of 1958 Amendment
Amendment by section 52(b) of
Pub. L. 85–866 applicable to taxable years beginning after Dec. 31, 1953, and ending after Aug. 16, 1954, see section 1(c)(1) of
Pub. L. 85–866, set out as a note under section
165 of this title.
Section 52(c) of
Pub. L. 85–866 provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to short sales made after December 31, 1957.”
Effective Date of 1955 Amendment
Section 2 of act Aug. 12, 1955, provided that: “The amendment made by the first section of this Act [amending this section] shall apply only with respect to taxable years ending after the date of the enactment of this Act [Aug. 12, 1955] and only in the case of a short sale of property made by the taxpayer after such date.”