-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.Page: 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