- 11 - prerequisite to the existence of net gain is that the taxpayer’s gains exceed the taxpayer’s losses. Black’s Law Dictionary (7th ed. 1999) defines the term “net loss” as “The excess of all expenses and losses over all revenues and gains.” By analogy, the natural, ordinary, and familiar meaning of the term “net gain” is the excess of all gains over all losses.10 As is relevant herein, the terms “gains” and “losses” include short-term and long-term capital gains and short-term and long-term capital losses, respectively. For purposes of determining “net short-term capital gain”, the prior year’s short-term capital loss that is carried forward to the current taxable year under section 1212(b)(1)(A) is treated as a short- term capital loss for such taxable year.11 Sec. 1.1222-1(b)(1), Income Tax Regs. Likewise, for purposes of determining “net 10 See, e.g., similar definitions under sec. 1222(9) that define “capital gain net income” as “the excess of the gains from the sales or exchanges of capital assets over the losses from such sales or exchanges”, and under sec. 1.469- 2T(e)(3)(ii)(E)(3), Temporary Income Tax Regs., 53 Fed. Reg. 5719 (Feb. 25, 1988), that define “net gain” for purposes of that section as “the amount by which the gains from the sale of all of the property * * * exceed the losses (if any) from such sale”. 11 Sec. 1212(b)(1) provides in pertinent part: “If a taxpayer other than a corporation has a net capital loss for any taxable year--(A) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (B) the excess of the net long-term capital loss over the net short- term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011