When so provided by regulations promulgated by the Secretary in connection with the issue of obligations of the United States, no gain or loss shall be recognized on the surrender to the United States of obligations of the United States issued under chapter 31 of title 31 in exchange solely for other obligations issued under such chapter.
In any case in which gain has been realized but not recognized because of the provisions of subsection (a) (or so much of section 1031(b) as relates to subsection (a) of this section), to the extent such gain is later recognized by reason of a disposition or redemption of an obligation received in an exchange subject to such provisions, the first sentence of section 1271(c)(2) shall apply to such gain as though the obligation disposed of or redeemed were the obligation surrendered to the Government in the exchange rather than the obligation actually disposed of or redeemed. For purposes of this paragraph and subpart A of part V of subchapter P, if the obligation surrendered in the exchange is a nontransferable obligation described in subsection (a) or (c) of section 454 -
In any case in which subsection (a) (or so much of section 1031(b) or (c) as relates to subsection (a) of this section) has applied to the exchange of a transferable obligation which was issued at not less than par for another transferable obligation, the issue price of the obligation received from the Government in the exchange shall be considered for purposes of applying subpart A of part V of subchapter P to be the same as the issue price of the obligation surrendered to the Government in the exchange, increased by the amount of other consideration (if any) paid to the United States as a part of the exchange.
(1) For rules relating to the recognition of gain or loss in
a case where subsection (a) would apply except for the fact
that the exchange was not made solely for other obligations of
the United States, see subsections (b) and (c) of section 1031.
(2) For rules relating to the basis of obligations of the
United States acquired in an exchange for other obligations
described in subsection (a), see subsection (d) of section
1031.
(Added Pub. L. 86-346, title II, Sec. 201(a), Sept. 22, 1959, 73 Stat. 622, and amended Pub. L. 94-455, title XIX, Sec. 1901(a)(130), (b)(3)(I), Oct. 4, 1976, 90 Stat. 1786, 1793; Pub. L. 97-452, Sec. 2(c)(3), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-369, div. A, title I, Sec. 42(a)(11), July 18, 1984, 98 Stat. 557.)
1984 - Subsec. (b). Pub. L. 98-369, Sec. 42(a)(11)(C), substituted 'original issue discount rules' for 'section 1232' in heading.
Subsec. (b)(1). Pub. L. 98-369, Sec. 42(a)(11)(A), (B), substituted 'section 1271(c)(2)' for 'section 1232(a)(2)(B)', and 'subpart A of part V of subchapter P' for 'section 1232'.
Subsec. (b)(2). Pub. L. 98-369, Sec. 42(a)(11)(B), substituted 'subpart A of part V of subchapter P' for 'section 1232'.
1983 - Subsec. (a). Pub. L. 97-452 substituted 'chapter 31 of title 31' and 'chapter' for 'the Second Liberty Bond Act' and 'Act', respectively.
1976 - Subsec. (b)(1). Pub. L. 94-455 substituted in introductory provisions 'section 1232(a)(2)(B)' for 'section 1232(a)(2)(A)' and in subpar. (A) 'ordinary income' for 'gain from the sale or exchange of property which is not a capital asset'.
Amendment by Pub. L. 98-369 applicable to taxable years ending after July 18, 1984, see section 44 of Pub. L. 98-369, set out as an Effective Date note under section 1271 of this title.
Amendment by Pub. L. 94-455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.
Section 203 of Pub. L. 86-346 provided that: 'The amendments made by this title (enacting this section and amending section 1031 of this title and section 742 a of former Title 31, Money and Finance) shall be effective for taxable years ending after the date of enactment of this Act (Sept. 22, 1959).'
This section is referred to in sections 454, 1031 of this title.