26 USC 1239 - Gain from sale of depreciable property between certain related taxpayers

U.S Code last checked for updates: Nov 22, 2024

§ 1239.

Gain from sale of depreciable property between certain related taxpayers

(a)

Treatment of gain as ordinary income

(b)

Related persons

For purposes of subsection (a), the term “related persons” means—

(1)

a person and all entities which are controlled entities with respect to such person,

(2)

a taxpayer and any trust in which such taxpayer (or his spouse) is a beneficiary, unless such beneficiary’s interest in the trust is a remote contingent interest (within the meaning of section 318(a)(3)(B)(i)), and

(3)

except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.

(c)

Controlled entity defined

(1)

General rule

For purposes of this section, the term “controlled entity” means, with respect to any person—

(A)

a corporation more than 50 percent of the value of the outstanding stock of which is owned (directly or indirectly) by or for such person,

(B)

a partnership more than 50 percent of the capital interest or profits interest in which is owned (directly or indirectly) by or for such person, and

(C)

any entity which is a related person to such person under paragraph (3), (10), (11), or (12) of section 267(b).

(2)

Constructive ownership

(d)

Employer and related employee association

For purposes of subsection (a), the term “related person” also includes—

(1)

an employer and any person related to the employer (within the meaning of subsection (b)), and

(2)

a welfare benefit fund (within the meaning of section 419(e)) which is controlled directly or indirectly by persons referred to in paragraph (1).

(e)

Patent applications treated as depreciable property

(Aug. 16, 1954, ch. 736, 68A Stat. 332; Pub. L. 85–866, title I, § 56, Sept. 2, 1958, 72 Stat. 1645; Pub. L. 94–455, title XXI, § 2129(a), Oct. 4, 1976, 90 Stat. 1922; Pub. L. 95–600, title VII, § 701(v)(1), Nov. 6, 1978, 92 Stat. 2920; Pub. L. 96–471, § 5, Oct. 19, 1980, 94 Stat. 2255; Pub. L. 97–448, title III, § 301, Jan. 12, 1983, 96 Stat. 2397; Pub. L. 98–369, div. A, title I, § 175(a), (b), title IV, § 421(b)(6)(A), title V, § 557(a), July 18, 1984, 98 Stat. 708, 794, 898; Pub. L. 99–514, title VI, § 642(a)(1)(A)–(C), Oct. 22, 1986, 100 Stat. 2283, 2284; Pub. L. 105–34, title XIII, § 1308(b), Aug. 5, 1997, 111 Stat. 1041.)

cite as: 26 USC 1239