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B Other joint returns If such spouses do not meet the requirements of subparagraph Athe limitation under paragraph 1 shall be the sum of the limitations under paragraph 1 to which each spouse would be entitled if such spouses had not been married.
For purposes of the preceding sentence, 121 case spouse shall be treated as owning the property during the period that either spouse owned the property.
B Gain allocated to periods of nonqualified useFor purposes of subparagraph Again shall be allocated to periods of nonqualified use based on the ratio which— i the aggregate periods of nonqualified use during the period such property was owned by the taxpayer, bears to ii the period such property was owned by the taxpayer.
D Coordination with recognition of gain attributable to depreciationFor purposes of this paragraph— i subparagraph A shall be applied after the application of subsection d 6and ii subparagraph B shall be applied without regard to any gain to which subsection d 6 applies.
B Property used by former spouse pursuant to divorce decree, etc.
B Application of section In applying section relating to involuntary conversionsthe amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to this section.
C Property acquired after involuntary conversion If the basis of the property sold or exchanged is determined in whole or in part under section b relating to basis of property acquired through involuntary conversionthen the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged.
B Exception for sales to related parties Subparagraph A shall not apply to any sale to, or exchange with, any person who bears a relationship to the taxpayer which is described in section b or b. B Maximum period of suspension The 5- year period described in subsection a shall not be extended more than 10 years by reason of subparagraph A.United States Court of Appeals, District of Columbia Circuit.
In re SEALED CASE. No. F.3d , vetconnexx.comD.C. Argued Feb.
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