Treasury Regulations (26 C.F.R.)

26 CFR § 1.475(d)-1

Character of gain or loss.

Official textecfr.govlast amended

# (a) Securities never held in connection with the taxpayer's activities as a dealer in securities.

If a security is never held in connection with the taxpayer's activities as a dealer in securities, section 475(d)(3)(A) does not affect the character of gain or loss from the security, even if the taxpayer fails to identify the security under section 475(b)(2).

# (b) Ordinary treatment for notional principal contracts and derivatives held by dealers in notional principal contracts and derivatives.

Section 475(d)(3)(B)(ii) (concerning the character of gain or loss with respect to a security held by a person other than in connection with its activities as a dealer in securities) does not apply to a security if § 1.475(b)-1(c) and the absence of a determination by the Commissioner prevent section 475(b)(1)(A) from applying to the security.

[T.D. 8700, 61 FR 67725, Dec. 24, 1996]

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In this part (40 sections)
  1. 1.471-9 · Inventories of acquiring corporations.
  2. 1.471-10 · Applicability of long-term contract methods.
  3. 1.471-11 · Inventories of manufacturers.
  4. 1.472-1 · Last-in, first-out inventories.
  5. 1.472-2 · Requirements incident to adoption and use of LIFO inventory…
  6. 1.472-3 · Time and manner of making election.
  7. 1.472-4 · Adjustments to be made by taxpayer.
  8. 1.472-5 · Revocation of election.
  9. 1.472-6 · Change from LIFO inventory method.
  10. 1.472-7 · Inventories of acquiring corporations.
  11. 1.472-8 · Dollar-value method of pricing LIFO inventories.
  12. 1.475-0 · Table of contents.
  13. 1.475(a)-1 - 1.475(a)-2 · §§ 1.475(a)-1-1.475(a)-2 [Reserved]
  14. 1.475(a)-3 · Acquisition by a dealer of a security with a substituted…
  15. 1.475(a)-4 · Valuation safe harbor.
  16. 1.475(b)-1 · Scope of exemptions from mark-to-market requirement.
  17. 1.475(b)-2 · Exemptions—identification requirements.
  18. 1.475(b)-3 · [Reserved]
  19. 1.475(c)-1 · Definitions—dealer in securities.
  20. 1.475(c)-2 · Definitions—security.
  21. 1.475(d)-1 · Character of gain or loss.
  22. 1.475(g)-1 · Effective dates.
  23. 1.481-1 · Adjustments in general.
  24. 1.481-2 · Limitation on tax.
  25. 1.481-3 · Adjustments attributable to pre-1954 years where change was…
  26. 1.481-4 · Adjustments taken into account with consent.
  27. 1.481-5 · Eligible terminated S corporation.
  28. 1.481-6 · Effective dates; applicability dates.
  29. 1.482-0 · Outline of regulations under section 482.
  30. 1.482-1 · Allocation of income and deductions among taxpayers.
  31. 1.482-1T · Allocation of income and deductions among taxpayers…
  32. 1.482-2 · Determination of taxable income in specific situations.
  33. 1.482-3 · Methods to determine taxable income in connection with a…
  34. 1.482-4 · Methods to determine taxable income in connection with a…
  35. 1.482-5 · Comparable profits method.
  36. 1.482-6 · Profit split method.
  37. 1.482-7 · Methods to determine taxable income in connection with a cost…
  38. 1.482-8 · Examples of the best method rule.
  39. 1.482-9 · Methods to determine taxable income in connection with a…
  40. 1.483-1 · Interest on certain deferred payments.
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