(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 thirty (30) days before the date of such sale or disposition and ending thirty (30) days after such date, the taxpayer has acquired by purchase or by an exchange on 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 shall be allowed under § 30125(a)(2) of this title nor such deduction shall be allowed under § 30125(b) of this title unless the claim is made by a corporation, a dealer in stock or securities, with respect to a transaction made in the ordinary course of such 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 the rules and regulations prescribed by 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 the rules and regulations prescribed by the Secretary.
History —Jan. 31, 2011, No. 1, § 1034.07, retroactive to Jan. 1, 2011.