§1223. Holding period of property — Inbound Citations
26 U.S.C. § 1223
Cited by 10 provisions in release 119-102.
Citations to 26 U.S.C. § 1223 as a whole
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(4) The holding period under section 1223 of the Settlement Trust shall include the period the property was held by the Native Corporation.
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(b) In determining the period for which a partner has held property received in a distribution from a partnership (other than for purposes of subsection (a)(2)), there shall be included the holding period of the partnership, as determined under section 1223, with respect to such property.
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(A) for purposes of paragraph (1), such property shall be deemed held continuously by the taxpayer since the beginning of the holding period thereof, determined with reference to section 1223,
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(A) the taxpayer’s holding period for such stock and the stock referred to in subsection (a)(1) shall be determined without regard to section 1223, and
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(2) the holding period of such substantially identical property shall be considered to begin (notwithstanding section 1223, relating to the holding period of property) on the date of the closing of the short sale, or on the date of a sale, gift, or other disposition of such property, whichever date occurs first. This paragraph shall apply to such substantially identical property in the order of the dates of the acquisition of such property, but only to so much of such property as does not exceed the quantity sold short.
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(e) For purposes of determining the applicable percentage under this section, the provisions of section 1223 shall not apply, and the holding period of section 1250 property shall be determined under the following rules:(1) The holding period of section 1250 property shall be deemed to begin—(B) in the case of property constructed, reconstructed, or erected by the taxpayer, on the first day of the month during which the property is placed in service.(2) If the basis of property acquired in a transaction described in paragraph (1), (2), or (3) of subsection (d) is determined by reference to its basis in the hands of the transferor, then the holding period of the property in the hands of the transferee shall include the holding period of the property in the hands of the transferor.
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(A) The taxpayer’s holding period shall be determined under section 1223; except that—(i) for purposes of applying this section to an excess distribution, such holding period shall be treated as ending on the date of such distribution, and(ii) if section 1296 applied to such stock with respect to the taxpayer for any prior taxable year, such holding period shall be treated as beginning on the first day of the first taxable year beginning after the last taxable year for which section 1296 so applied.
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(1) such shareholder held such stock (as determined under section 1223) for less than 2 years before entering into the agreement to make the transfer,
Citations to §1223(3)
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(B) paragraph (3) of section 1223 shall not apply.
Citations to §1223(6)
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(g) For purposes of this section, in the case of property the acquisition of which by the taxpayer resulted under section 10341 (as in effect on the day before the date of the enactment of this section) in the nonrecognition of any part of the gain realized on the sale or exchange of another residence, in determining the period for which the taxpayer has owned and used such property as the taxpayer’s principal residence, there shall be included the aggregate periods for which such other residence (and each prior residence taken into account under section 1223(6)1 in determining the holding period of such property) had been so owned and used.