§ 1091.
(e)
Certain short sales of stock or securities and securities futures contracts to sell
Rules similar to the rules of subsection (a) shall apply to any loss realized on the closing of a short sale of (or the sale, exchange, or termination of a securities futures contract to sell) stock or securities if, within a period beginning 30 days before the date of such closing and ending 30 days after such date—
(1)
substantially identical stock or securities were sold, or
(2)
another short sale of (or securities futures contracts to sell) substantially identical stock or securities was entered into.
For purposes of this subsection, the term “securities futures contract” has the meaning provided by section 1234B(c).
([Aug. 16, 1954, ch. 736], [68A Stat. 319]; [Pub. L. 94–455, title XIX, § 1906(b)(13)(A)], Oct. 4, 1976, [90 Stat. 1834]; [Pub. L. 98–369, div. A, title I, § 106(a)], (b), July 18, 1984, [98 Stat. 629]; [Pub. L. 100–647, title V, § 5075(a)], Nov. 10, 1988, [102 Stat. 3682]; [Pub. L. 106–554, § 1(a)(7) [title IV, § 401(d)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–649; [Pub. L. 107–147, title IV, § 412(d)(2)], Mar. 9, 2002, [116 Stat. 53].)