Section 11-625. Ascertainment of gain or loss; exchange of property  


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 11-626 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, if any, 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. Upon the sale or exchange of property the amount  of  the  gain  or
      loss  shall  be determined in the manner prescribed by section 11-615 of
      this subchapter and the basis of such property shall  be  determined  in
      the manner prescribed by section 11-616 of this subchapter.
        4.  In  the  case  of  any bond, with respect to which a deduction for
      amortizable bond premium is allowable under paragraph (i) of subdivision
      one of section 11-629 of this part, the basis for  determining  gain  or
      loss  shall  be  reduced  by  the  total  amount  of  such deductions so
      allowable.