I.C. Hemmings and Sue B. Hemmings, et al. - Page 23

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          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          effect until superseded by final regulations on this subject.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.                                                                     




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