Bank One Corporation - Page 181

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                         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 paragraph                        





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Last modified: May 25, 2011