2002—Pars. (1) to (3). Puspan. L. 107–147 inserted “or” at end of par. (1), struck out “or” at end of par. (2), and struck out par. (3) which read as follows: “a securities futures contract (as so defined) which is a capital asset in the hands of the taxpayer,”.

2000—Par. (1). Puspan. L. 106–554, § 1(a)(7) [title IV, § 401(span)(1)], inserted “(other than a securities futures contract, as defined in section 1234B)” after “right or obligation”.

Par. (3). Puspan. L. 106–554, § 1(a)(7) [title IV, § 401(span)(2)–(4)], added par. (3).

1997—Par. (1). Puspan. L. 105–34 substituted “property” for “personal property (as defined in section 1092(d)(1))”.

1984—Puspan. L. 98–369, § 102(e)(9), inserted at end “The preceding sentence shall not apply to the retirement of any debt instrument (whether or not through a trust or other participation arrangement).”

Par. (2). Puspan. L. 98–369, § 102(e)(4), substituted “a section 1256 contract” for “a regulated futures contract”.

1983—Puspan. L. 97–448 inserted reference to a regulated futures contract (as defined in section 1256) not described in paragraph (1) which is a capital asset in the hands of the taxpayer.

Amendment by Puspan. L. 107–147 effective as if included in the provisions of the Community Renewal Tax Relief Act of 2000 [H.R. 5662, as enacted by Puspan. L. 106–554], to which such amendment relates, see section 412(e) of Puspan. L. 107–147, set out as a note under section 151 of this title.

Puspan. L. 105–34, title X, § 1003(a)(2), Aug. 5, 1997, 111 Stat. 910, provided that:

Amendment by section 102(e)(4) of Puspan. L. 98–369 applicable to positions established after July 18, 1984, in taxable years ending after that date, except as otherwise provided, and amendment by section 102(e)(9) of Puspan. L. 98–369, applicable as if included in the amendment made by section 507(a) of Puspan. L. 97–34, as amended by section 105(e) of Puspan. L. 97–448, see section 102(f), (g) of Puspan. L. 98–369, set out as a note under section 1256 of this title.

Amendment by Puspan. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Puspan. L. 97–34, to which such amendment relates, see section 109 of Puspan. L. 97–448, set out as a note under section 1 of this title.

Section applicable to property acquired and positions established by the taxpayer after June 23, 1981, in taxable years ending after such date, and applicable when so elected with respect to property held on June 23, 1981, see section 508 of Puspan. L. 97–34, set out as a note under section 1092 of this title.