Page:United States Statutes at Large Volume 52.djvu/544

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 289-MAY 28, 1938 section 112 (g) of the Revenue Act of 1928 or the Revenue Act of 1932, or under the provisions of section 371 (c) of this Act, there shall be included the period for which he held the stock or securities in the distributing corporation prior to the receipt of the stock or securities upon such distribution. (4) In determining the period for which the taxpayer has held stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility (under section 118 of this Act or section 118 of the Revenue Act of 1928 or the Revenue Act of 1932 or the Revenue Act of 1934 or the Revenue Act of 1936, relating to wash sales) of the loss from the sale or other disposition of substantially identi- cal stock or securities, there shall be included the period for which he held the stock or securities the loss from the sale or other disposition of which was not deductible. SEC. 118. LOSS FROM WASH SALES OF STOCK OR SECURITIES. (a) In the case of any loss claimed to have been sustained from any sale or other disposition of shares of stock or securities where it appears that, within a period beginning 30 days before the date of such sale or disposition and ending 30 days after such date, the taxpayer has acquired (by purchase or by an exchange upon which the entire amount of gain or loss was recognized by law), or has entered into a contract or option so to acquire, substantially identical stock or securities, then no deduction for the loss shall be allowed under section 23 (e) (2); nor shall such deduction be allowed under section 23 (f) unless the claim is made by a corporation, a dealer in stocks or securities, and with respect to a transaction made in the ordinary course of its business. (b) If the amount of stock or securities acquired (or covered by the contract or option to acquire) is less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the loss from the sale or other disposition of which is not deductible shall be determined under rules and regulations pre- scribed by the Commissioner with the approval of the Secretary. (c) If the amount of stock or securities acquired (or covered by the contract or option to acquire) is not less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility of the loss shall be determined under rules and regulations prescribed by the Commissioner with the approval of the Secretary. SEC. 119. INCOME FROM SOURCES WITHIN UNITED STATES. (a) GRoss INCOME FROM SOURCES IN UNITED STATES. - The follow- ing items of gross income shall be treated as income from sources within the United States: (1) INTEREST.- Interest from the United States, any Terri- tory, any political subdivision of a Territory, or the District of Columbia, and interest on bonds, notes, or other interest-bearing obligations of residents, corporate or otherwise, not including- (A) interest on deposits with persons carrying on the banking business paid to persons not engaged in business within the United States and not having an office or place of business therein, or (B) interest received from a resident alien individual, a resident foreign corporation, or a domestic corporation, when it is shown to the satisfaction of the Commissioner that less than 20 per centum of the gross income of such 503 45 Stat. 818; 47 Stat. 197. Post, p. 553. Computing period stock has been held. 45 Stat. 826; 48 Stat. 715; 49 Stat. 1692. Loss from wash sales of stock, etc. Restriction on claim for, if taxpayer has acquired substantially identical stock within 30 days. Ante, p. 481. Computation where stock acquired is less than that sold. When stock ac- quired is not less than that sold, etc. Income from sources within United States. Gross income. Interest. Exceptions. Interest paid to per- sons not in business in United States. Interest received when less than 20 per cent of gross income from sources within U.S.

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