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Title 26 — Internal Revenue Code

Part II · Chapter 1 — Normal Taxes and Surtaxes

§ 1011. Adjusted basis for determining gain or loss

Statutory text

(a)

General rule

The adjusted basis for determining the gain or loss from the sale or other disposition of property, whenever acquired, shall be the basis (determined under section 1012 or other applicable sections of this subchapter and subchapters C (relating to corporate distributions and adjustments), K (relating to partners and partnerships), and P (relating to capital gains and losses)), adjusted as provided in section 1016.

(b)

Bargain sale to a charitable organization

If a deduction is allowable under section 170 (relating to charitable contributions) by reason of a sale, then the adjusted basis for determining the gain from such sale shall be that portion of the adjusted basis which bears the same ratio to the adjusted basis as the amount realized bears to the fair market value of the property.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 296 · 68A Stat. 296

    Enacted · 26 U.S.C. § 1011

    Aug. 16, 1954, ch. 736, 68A Stat. 296

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 296

  2. Tax Reform Act of 1969

    Pub. L. 91–172 title II § 201(f) · 83 Stat. 487

    1. Redesignated · 26 U.S.C. § 1011

      Pub. L. 91–172 redesignated existing provisions as subsec. (a)

    2. Added · 26 U.S.C. § 1011

      Pub. L. 91–172 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 91–172 redesignated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (f) Bargain Sales to Charitable Organizations.— Section 1011 (relating to adjusted basis for determining gain or loss) is amended— (1) by striking out “The” at the beginning and inserting in lieu thereof: “(a) General Rule.— The”, and (2) by adding at the end thereof the following new subsection: “(b) Bargain Sale to a Charitable Organization.— If a deduction Ante, p. 549. is allowable under section 170 (relating to charitable contributions) by reason of a sale, then the adjusted basis for determining the gain from such sale shall be that portion of the adjusted basis which bears the same ratio to the adjusted basis as the amount realized bears to the fair market value of the property.”

    Effective date note
    Amendment by Pub. L. 91–172 applicable with respect to sales made after Dec. 19, 1969, see section 201(g)(6) of Pub. L. 91–172, set out as a note under section 170 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1969—Pub. L. 91–172 redesignated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–172 applicable with respect to sales made after , see section 201(g)(6) of Pub. L. 91–172, set out as a note under section 170 of this title.

Credits

1954–1969 · 2 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 296
  2. 1969Pub. L. 91–172, title II, § 201(f), , 83 Stat. 564.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 296; Pub. L. 91–172, title II, § 201(f), , 83 Stat. 564.)

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