-255- taxpayer and which is not held for sale, and (ii) any obligation to acquire a security described in clause (i) if such obligation is entered into in the ordinary course of such trade or business and is not held for sale, and (C) any security which is a hedge with respect to-- (i) a security to which subsection (a) does not apply, or (ii) a position, right to income, or a liability which is not a security in the hands of the taxpayer. To the extent provided in regulations, subparagraph (C) shall not apply to any security held by a person in its capacity as a dealer in securities. (2) Identification required.--A security shall not be treated as described in subparagraph (A), (B), or (C) of paragraph (1), as the case may be, unless such security is clearly identified in the dealer’s records as being described in such subparagraph before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe). (3) Securities subsequently not exempt.--If a security ceases to be described in paragraph (1) at any time after it was identified as such under paragraph (2), subsection (a) shall apply to any changes in value of the security occurring after the cessation. (4) Special rule for property held for investment.--To the extent provided in regulations, subparagraph (A) of paragraphPage: Previous 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Next
Last modified: May 25, 2011