§1071 — Repealed. Pub. L. 104–7, § 2(a), Apr. 11, 1995, 109 Stat. 93]
8 cases·1 distinguished·1 overruled·6 cited
Statute Text — 26 U.S.C. §1071
[§ 1071. Repealed. Pub. L. 104–7, § 2(a), Apr. 11, 1995, 109 Stat. 93] Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 311; Sept. 2, 1958, Pub. L. 85–866, title I, § 48(a), 72 Stat. 1642; Oct. 4, 1976, Pub. L. 94–455, title XIX, §§ 1901(b)(31)(E), 1906(b)(13)(A), 90 Stat. 1800, 1834, provided for nonrecognition on FCC certified sales and exchanges. Statutory Notes and Related Subsidiaries Effective Date of RepealPub. L. 104–7, § 2(d), Apr. 11, 1995, 109 Stat. 93, provided that: “(1) In general.—The amendments made by this section [repealing this section and amending sections 1245 and 1250 of this title] shall apply to—“(A) sales and exchanges on or after January 17, 1995, and “(B) sales and exchanges before such date if the FCC tax certificate with respect to such sale or exchange is issued on or after such date. “(2) Binding contracts.—“(A) In general.—The amendments made by this section shall not apply to any sale or exchange pursuant to a written contract which was binding on January 16, 1995, and at all times thereafter before the sale or exchange, if the FCC tax certificate with respect to such sale or exchange was applied for, or issued, on or before such date. “(B) Sales contingent on issuance of certificate.—“(i) In general.—A contract shall be treated as not binding for purposes of subparagraph (A) if the sale or exchange pursuant to such contract, or the material terms of such contract, were contingent, at any time on January 16, 1995, on the issuance of an FCC tax certificate. The preceding sentence shall not apply if the FCC tax certificate for such sale or exchange is issued on or before January 16, 1995. “(ii) Material terms.—For purposes of clause (i), the material terms of a contract shall not be treated as contingent on the issuance of an FCC tax certificate solely because such terms provide that the sales price would, if such certificate were not issued, be increased by an amount not greater than 10 percent of the sales price otherwise provided in the contract. “(3) FCC tax certificate.—For purposes of this subsection, the term ‘FCC tax certificate’ means any certificate of the Federal Communications Commission for the effectuation of section 1071 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act [Apr. 11, 1995]).”
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.1071-1 Gain from sale or exchange to effectuate policies of Federal Communications Commission
- Treas. Reg. §Treas. Reg. §1.1071-1(a) §1.1071-1(a)
- Treas. Reg. §Treas. Reg. §1.1071-1(b) Section 1071 applies only in the case of a sale or exchange made necessary by reason of the Federal Communications Commission's policies as to ownership or control of radio facilities.
- Treas. Reg. §Treas. Reg. §1.1071-1(c) An election to have the benefits of section 1071 shall be made in the manner prescribed in § 1.
- Treas. Reg. §Treas. Reg. §1.1071-1(d) For purposes of section 1071, the term radio broadcasting includes telecasting.
- Treas. Reg. §Treas. Reg. §1.1071-2 Nature and effect of election
- Treas. Reg. §Treas. Reg. §1.1071-2(a) Alternative elections.
- Treas. Reg. §Treas. Reg. §1.1071-2(b) Application of section 1033.
- Treas. Reg. §Treas. Reg. §1.1071-2(c) Example.
- Treas. Reg. §Treas. Reg. §1.1071-2(i) §1.1071-2(i)
- Treas. Reg. §Treas. Reg. §1.1071-3 Reduction of basis of property pursuant to election under section 1071
- Treas. Reg. §Treas. Reg. §1.1071-3(a) General rule.
- Treas. Reg. §Treas. Reg. §1.1071-3(b) Special cases.
- Treas. Reg. §Treas. Reg. §1.1071-4 Manner of election
- Treas. Reg. §Treas. Reg. §1.1071-4(a) An election under the provisions of section 1071 shall be in the form of a written statement and shall be executed and filed in duplicate.
- Treas. Reg. §Treas. Reg. §1.1071-4(b) If, in pursuance of an election to have the basis of its property adjusted under section 1071, the taxpayer desires to have such basis adjusted in any manner different from the general rule set forth in paragraph (a) of § 1.
8 Citing Cases
1071(a) (repealed 1995), sec. 1082(a)(2)(A) (repealed 2005), sec. 1221(2), sec. 1231(b)(1), sec. 1239(b).