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Strategies & Market Trends : Income Taxes and Record Keeping ( tax ) -- Ignore unavailable to you. Want to Upgrade?


To: John Dally who wrote (2332)10/17/1999 4:44:00 PM
From: Colin Cody  Read Replies (1) | Respond to of 5810
 
Sounds like the transaction is a "constructive sale" taxable event to me, unless you meet all these requirements:

Sec 1259(c)(3)(A) there shall be disregarded any transaction (which would otherwise be treated as a constructive sale) during the taxable year if--
(i) such transaction is closed before the end of the 30th day after the close of such taxable year,
(ii) the taxpayer holds the appreciated financial position throughout the 60-day period beginning on the date such transaction is closed, and
(iii) at no time during such 60-day period is the taxpayer's risk of loss with respect to such position reduced by reason of a circumstance which would be described in section 246(c)(4) if references to stock included references to such position.