Section 11-614. Ascertainment of gain or loss  


Latest version.
  • 1.  For  the purpose of
      ascertaining the gain derived or loss sustained from the sale  or  other
      disposition of property, real, personal or mixed, the basis shall be the
      cost  thereof,  or  the  inventoried  value  if the inventory is made in
      accordance with section 11-617 of this part.
        2. Notwithstanding subdivision one of this section,  with  respect  to
      gain derived from the sale or other disposition of any property acquired
      prior  to  January  first,  nineteen  hundred sixty-six, except stock in
      trade of the taxpayer or other property of a kind which  would  properly
      be  included in the inventory of the taxpayer if on hand at the close of
      the taxable year, or property held by the taxpayer primarily for sale to
      customers in the ordinary course of its trade or business, and  accounts
      or notes receivable acquired in the ordinary course of trade or business
      from  the  sale  of  such  stock  in  trade or property, or for services
      rendered, net income shall not include:
        (a) That portion of  the  gain  included  in  determining  net  income
      pursuant  to  subdivision  one of this section with respect to each such
      property, which exceeds:
        (b) The amount of gain that  would  be  included  in  determining  net
      income  pursuant to subdivision one of this section with respect to each
      such property if the basis of such property on the date of sale or other
      disposition were equal to  its  fair  market  value  on  January  first,
      nineteen  hundred sixty-six, plus or minus all adjustments to basis made
      with respect to each such property in computing net income  for  periods
      on  or after January first, nineteen hundred sixty-six provided that the
      total adjustment to net income provided by this  subdivision  shall  not
      exceed  the  amount  of  the  taxpayer's net gain from the sale or other
      disposition of all such property, as determined pursuant to  subdivision
      one of this section.
        3.  In  the  case  of  any bond, with respect to which a deduction for
      amortizable bond premium is allowable under subdivision nine of  section
      11-621  of  this  part,  the basis for determining gain or loss shall be
      reduced by the total amount of such deductions so allowable.