26 U.S.C. § 1043
Sale of property to comply with conflict-of-interest requirements
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
Cite this
- Citation
- 26 U.S.C. § 1043, Sale of property to comply with conflict-of-interest requirements, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462903
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Full text
If an eligible person sells any property pursuant to a certificate of divestiture, at the election of the taxpayer, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds the cost (to the extent not previously taken into account under this subsection) of any permitted property purchased by the taxpayer during the 60-day period beginning on the date of such sale.
For purposes of this section—
The term “eligible person” means—
The term “certificate of divestiture” means any written determination—
The term “permitted property” means any obligation of the United States or any diversified investment fund approved by regulations issued by the Office of Government Ethics.
The taxpayer shall be considered to have purchased any permitted property if, but for subsection (c), the unadjusted basis of such property would be its cost within the meaning of section 1012.
For purposes of this section, the trustee of a trust shall be treated as an eligible person with respect to property which is held in the trust if—
The term “judicial officer” means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals, United States district courts, including the district courts in Guam, the Northern Mariana Islands, and the Virgin Islands, Court of Appeals for the Federal Circuit, Court of International Trade, Tax Court, Court of Federal Claims, Court of Appeals for Veterans Claims, United States Court of Appeals for the Armed Forces, and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.
If gain from the sale of any property is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any permitted property which is purchased by the taxpayer during the 60-day period described in subsection (a).
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Ethics Reform Act of 1989House: no recorded tallySenate: no recorded tally
- To make technical changes in the Ethics Reform Act of 1989.House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1990
- Tax Relief and Health Care Act of 2006House: no recorded tallySenate: no recorded tally