Bank One Corporation - Page 184

                                        -258-                                         
                         (A) identifies any security under                            
                    subsection (b)(2) as being described in                           
                    subsection (b)(1) and such security is not so                     
                    described, or                                                     
                         (B) fails under subsection                                   
                    (c)(2)(F)(iii) to identify any position which                     
                    is described in subsection (c)(2)(F) (without                     
                    regard to clause (iii) thereof) at the time                       
                    such identification is required,                                  
               the provisions of subsection (a) shall apply to such                   
               security or position, except that any loss under this                  
               section prior to the disposition of the security or                    
               position shall be recognized only to the extent of gain                
               previously recognized under this section (and not                      
               previously taken into account under this paragraph)                    
               with respect to such security or position.                             
                    (3) Character of gain or loss.--                                  
                         (A) In general.--Except as provided in                       
                    subparagraph (B) or section 1236(b)--                             
                              (i) In general.--Any gain or                            
                         loss with respect to a security                              
                         under subsection (a)(2) shall be                             
                         treated as ordinary income or loss.                          
                              (ii) Special rule for                                   
                         dispositions.--If--                                          
                                   (I) gain or loss is                                
                              recognized with respect                                 
                              to a security before the                                
                              close of the taxable                                    
                              year, and                                               
                                   (II) subsection                                    
                              (a)(2) would have applied                               
                              if the security were held                               
                              as of the close of the                                  
                              taxable year,                                           
                    such gain or loss shall be treated as                             
                    ordinary income or loss.                                          







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Last modified: May 25, 2011