- 23 - business day of the taxable year and any gain or loss on those contracts shall be treated as a 40-percent short-term capital gain or loss and a 60-percent long-term capital gain or loss. Section 1256 applies to all positions acquired after June 23, 1981. ERTA sec. 508(a), 95 Stat. 333. Unless an election was made under sections 508(c) or 509 of ERTA (collectively the transitional rule elections), the law in effect prior to the enactment of section 1256 applied to all regulated futures contracts acquired on or before June 23, 1981 (pre-June 24 contracts). Secs. 5c.1256-1 and 5c.1256-2, Temporary Income Tax Regs., 47 Fed. Reg. 38689 (Sept. 2, 1982).10 The deadline for an election under section 509 of ERTA was established by Congress in ERTA section 509(b), 95 Stat. 334. Congress deferred to the Secretary of the Treasury (the Secretary) to set the time limit on the exercise of an elective choice under ERTA section 508(c), 95 Stat. 333, and the Secretary established the time limit in section 5c.1256-1(b), Temporary Income Tax Regs., 47 Fed. Reg. 38689 (Sept. 2, 1982). Both transitional rule elections were required to be made by the due date (including extensions) of the taxpayer's Federal income tax return for the taxable year that included June 23, 1981. 10 Secs. 5c.1256-1 and 5c.1256-2, Temporary Income Tax Regs., 47 Fed. Reg. 38688, 68689 (Sept. 2, 1982), remain in effect until superseded by final regulations on this subject. T.D. 7826, 1982-2 C.B. 196. No final regulations have been issued.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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