Treasury Regulations (26 C.F.R.)
26 CFR § 1.1092(d)-2
Personal property.
# (a) Special rules for stock.
Under section 1092(d)(3)(B), personal property includes any stock that is part of a straddle, at least one of the offsetting positions of which is a position with respect to substantially similar or related property (other than stock). For purposes of this rule, the term substantially similar or related property is defined in § 1.246-5 (other than § 1.246-5(b)(3)). The rule in § 1.246-5(c)(6) does not narrow the related party rule in section 1092(d)(4).
# (b)
Effective date—(1) In general. This section applies to positions established on or after March 17, 1995.
(2) Special rule for certain straddles. This section applies to positions established after March 1, 1984, if the taxpayer substantially diminished its risk of loss by holding substantially similar or related property involving the following types of transactions—
(i) Holding offsetting positions consisting of stock and a convertible debenture of the same corporation where the price movements of the two positions are related; or
(ii) Holding a short position in a stock index regulated futures contract (or alternatively an option on such a regulated futures contract or an option on the stock index) and stock in an investment company whose principal holdings mimic the performance of the stocks included in the stock index (or alternatively a portfolio of stocks whose performance mimics the performance of the stocks included in the stock index).
[T.D. 8590, 60 FR 14641, Mar. 20, 1995]
Source: view the official text
In this part (40 sections)
- 1.1082-1 · Basis for determining gain or loss.
- 1.1082-2 · Basis of property acquired upon exchanges under section 1081…
- 1.1082-3 · Reduction of basis of property by reason of gain not…
- 1.1082-4 · Basis of property acquired by corporation under section…
- 1.1082-5 · Basis of property acquired by shareholder upon tax-free…
- 1.1082-6 · Basis of property acquired under section 1081(d) in…
- 1.1083-1 · Definitions.
- 1.1091-1 · Losses from wash sales of stock or securities.
- 1.1091-2 · Basis of stock or securities acquired in “wash sales”.
- 1.1092(b)-1T · Coordination of loss deferral rules and wash sale rules…
- 1.1092(b)-2T · Treatment of holding periods and losses with respect to…
- 1.1092(b)-3T · Mixed straddles; straddle-by-straddle identification…
- 1.1092(b)-4T · Mixed straddles; mixed straddle account (temporary).
- 1.1092(b)-5T · Definitions (temporary).
- 1.1092(b)-6 · Mixed straddles; accrued gain and loss associated with a…
- 1.1092(c)-1 · Qualified covered calls.
- 1.1092(c)-2 · Equity options with flexible terms.
- 1.1092(c)-3 · Qualifying over-the-counter options.
- 1.1092(c)-4 · Definitions.
- 1.1092(d)-1 · Definitions and special rules.
- 1.1092(d)-2 · Personal property.
- 1.1201-1 · Alternative tax.
- 1.1202-0 · Table of contents.
- 1.1202-1 · Deduction for capital gains.
- 1.1202-2 · Qualified small business stock; effect of redemptions.
- 1.1211-1 · Limitation on capital losses.
- 1.1212-1 · Capital loss carryovers and carrybacks.
- 1.1221-1 · Meaning of terms.
- 1.1221-2 · Hedging transactions.
- 1.1221-3 · Time and manner for electing capital asset treatment for…
- 1.1222-1 · Other terms relating to capital gains and losses.
- 1.1223-1 · Determination of period for which capital assets are held.
- 1.1223-3 · Rules relating to the holding periods of partnership…
- 1.1231-1 · Gains and losses from the sale or exchange of certain…
- 1.1231-2 · Livestock held for draft, breeding, dairy, or sporting…
- 1.1232-1 · Bonds and other evidences of indebtedness; scope of section.
- 1.1232-2 · [Reserved]
- 1.1232-3 · Gain upon sale or exchange of obligations issued at a…
- 1.1232-3A · Inclusion as interest of original issue discount on certain…
- 1.1233-1 · Gains and losses from short sales.