26 C.F.R. § 1.1398-3. - § 1.1398-3 Treatment of Section 121 Exclusion in Individuals' Title 11 Cases.

Current as of January 1, 1970

Section 1.1398-3 - § 1.1398-3 Treatment of Section 121 Exclusion in Individuals' Title 11 Cases.Section 1.1398-3 - § 1.1398-3 Treatment of Section 121 Exclusion in Individuals' Title 11 Cases.

Section 1.1398-2 - § 1.1398-2 Treatment of Section 465 Losses in Individuals' Title 11 Cases.Section 1.1400L(b)-1 - § 1.1400l(b)-1 Additional First Year Depreciation Deduction for Qualified New York Liberty Zone Property.

§ 1.1398-3 Treatment of section 121 exclusion in individuals' title 11 cases.

(a) Scope. This section applies to cases under chapter 7 or chapter 11 of title 11 of the United States Code, but only if the debtor is an individual.

(b) Definition and rules of general application. For purposes of this section, section 121 exclusion means the exclusion of gain from the sale or exchange of a debtor's principal residence available under section 121.

(c) Estate succeeds to exclusion upon commencement of case. The bankruptcy estate succeeds to and takes into account the section 121 exclusion with respect to the property transferred into the estate.

(d) Effective date. This section is applicable for sales or exchanges on or after December 24, 2002.

[67 FR 78367, Dec. 24, 2002]

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