§860. Deduction for deficiency dividends — Inbound Citations
26 U.S.C. § 860
Cited by 11 provisions in release 119-102.
Citations to 26 U.S.C. § 860 as a whole
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(A) such dividend shall be taken into account when paid without regard to section 860, and
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(A) such dividend shall be taken into account when paid without regard to section 860, and
Citations to §860(e)
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(v) If there is an increase in the excess described in subparagraph (A) for the taxable year which results from a determination (as defined in section 860(e)), the company may, subject to the limitations of this subparagraph, increase the amount of capital gain dividends reported under clause (i).
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(5) For purposes of this subsection, the term “determination” has the meaning given to such term by section 860(e). Such term also includes a determination by the investment company filed with the Secretary that the provisions of this part do not apply to the investment company for a taxable year.
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(B) For purposes of this part, a capital gain dividend is any dividend, or part thereof, which is designated by the real estate investment trust as a capital gain dividend in a written notice mailed to its shareholders or holders of beneficial interests at any time before the expiration of 30 days after the close of its taxable year (or mailed to its shareholders or holders of beneficial interests with its annual report for the taxable year); except that, if there is an increase in the excess described in subparagraph (A)(ii) of this paragraph for such year which results from a determination (as defined in section 860(e)), such designation may be made with respect to such increase at any time before the expiration of 120 days after the date of such determination. If the aggregate amount so designated with respect to a taxable year of the trust (including capital gain dividends paid after the close of the taxable year described in section 858) is greater than the net capital gain of the taxable year, the portion of each distribution which shall be a capital gain dividend shall be only that proportion of the amount so designated which such net capital gain bears to the aggregate amount so designated. For purposes of this subparagraph, the amount of the net capital gain for any taxable year which is not a calendar year shall be determined without regard to any net capital loss attributable to transactions after December 31 of such year, and any such net capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, the preceding sentence shall apply also for purposes of computing the taxable income of the real estate investment trust.
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(i) there is a determination (as defined in section 860(e)) that such income is not eligible for nonrecognition under section 1031, and
Citations to §860(f)
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(3) The term “dividend” also means any distribution of property (whether or not a dividend as defined in subsection (a)) which constitutes a “deficiency dividend” as defined in section 860(f).
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(23) If the acquiring corporation pays a deficiency dividend (as defined in section 860(f)) with respect to the distributor or transferor corporation, such distributor or transferor corporation shall, with respect to such payments, be entitled to the deficiency dividend deduction provided in section 860.
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(3) In the case of any deficiency dividend (as defined in section 860(f))—(A) such dividend shall be taken into account when paid without regard to section 860, and(B) any income giving rise to the adjustment shall be treated as arising when the dividend is paid.
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(3) In the case of any deficiency dividend (as defined in section 860(f))—(A) such dividend shall be taken into account when paid without regard to section 860, and(B) any income giving rise to the adjustment shall be treated as arising when the dividend is paid.
Citations to §860(h)
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(5) Deficiency dividends in the case of a regulated investment company or a real estate investment trust, see section 860(h).