2002—Pars. (1) to (3). Pub. L. 107–147 inserted “or” at end of par. (1), struck out “or” at end of par. (2), and struck out par. (3) which read as follows: “a securities futures contract (as so defined) which is a capital asset in the hands of the taxpayer,”. 2000—Par. (1). Pub. L. 106–554, § 1(a)(7) [title IV, § 401(b)(1)], inserted “(other than a securities futures contract, as defined in
section 1234B)” after “right or obligation”. Par. (3). Pub. L. 106–554, § 1(a)(7) [title IV, § 401(b)(2)–(4)], added par. (3). 1997—Par. (1). Pub. L. 105–34 substituted “property” for “personal property (as defined in
section 1092(d)(1))”. 1984—Pub. L. 98–369, § 102(e)(9), inserted at end “The preceding sentence shall not apply to the retirement of any debt instrument (whether or not through a trust or other participation arrangement).” Par. (2). Pub. L. 98–369, § 102(e)(4), substituted “a
section 1256 contract” for “a regulated futures contract”. 1983—Pub. L. 97–448 inserted reference to a regulated futures contract (as defined in
section 1256) not described in paragraph (1) which is a capital asset in the hands of the taxpayer.
of 2002 AmendmentAmendment by Pub. L. 107–147 effective as if included in the provisions of the Community Renewal Tax Relief Act of 2000 [H.R. 5662, as enacted by Pub. L. 106–554], to which such amendment relates, see
section 412(e) of Pub. L. 107–147, set out as a note under
section 151 of this title.
of 1997 Amendment Pub. L. 105–34, title X, § 1003(a)(2), Aug. 5, 1997, 111 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to terminations more than 30 days after the date of the enactment of this Act [Aug. 5, 1997].”
of 1984 AmendmentAmendment by
section 102(e)(4) of Pub. L. 98–369 applicable to positions established after July 18, 1984, in taxable years ending after that date, except as otherwise provided, and amendment by
section 102(e)(9) of Pub. L. 98–369, applicable as if included in the amendment made by
section 507(a) of Pub. L. 97–34, as amended by
section 105(e) of Pub. L. 97–448, see
section 102(f), (g) of Pub. L. 98–369, set out as a note under
section 1256 of this title.
of 1983 AmendmentAmendment by Pub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97–34, to which such amendment relates, see
section 109 of Pub. L. 97–448, set out as a note under
section 1 of this title.
Section applicable to property acquired and positions established by the taxpayer after
June 23, 1981, in taxable years ending after such date, and applicable when so elected with respect to property held on