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26 U.S.C. § 1002 — Repealed. Pub. L. 94–455, title XIX, § 1901(b)(28)(B)(i), Oct. 4, 1976, 90 Stat. 1799]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 295, related to the recognition of the entire amount of gain or loss determined under section 1001 on the sale or exchange of property.
#### Effective Date of Repeal
Repeal effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under [section 2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section2&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-26/section-1002-repealed-pub-l-94455-title-xix-1901-b-28-b-i-oct-4-1976-90-stat-1799--0e6cbf86d7.md
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Source location: Title 26, Chapter 1, § 1002; chapter-001-normal-taxes-and-surtaxes.md
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### Statutory Notes
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 295, related to the recognition of the entire amount of gain or loss determined under section 1001 on the sale or exchange of property.
#### Effective Date of Repeal
Repeal effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under [section 2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section2&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of surviving spouse**
(1) **In general** — For purposes of section 1, the term “surviving spouse” means a taxpayer—
(A) whose spouse died during either of his two taxable years immediately preceding the taxable year, and
(B) who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151.
(2) **Limitations** — Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse—
(A) if the taxpayer has remarried at any time before the close of the taxable year, or
(B) unless, for the taxpayer’s taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof).
(3) **Special rule where deceased spouse was in missing status** — If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B):
(A) the date on which the determination is made under [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:
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Federal law — U.S. Code and appendices · legal_authorities
Page 2251
TITLE 26—INTERNAL REVENUE CODE
§ 1012
retary or his delegate may by regulations prescribe),
apply to transfers before January 1, 1970, but only with
respect to payments made in taxable years ending after
December 31, 1969, and beginning before January 1,
1980.’’
REPEALS
Pub. L. 95–600, § 702(c)(9), cited as a credit to this sec-
tion, and the amendment made thereby, were repealed
by Pub. L. 96–223, title IV, § 401(a), 94 Stat. 299, resulting
in the text of this section reading as it read prior to en-
actment of section 702(c)(9). See Effective Date of 1980
Amendment and Revival of Prior Law note set out
above.
[§ 1002. Repealed. Pub. L. 94–455, title XIX,
§ 1901(b)(28)(B)(i), Oct. 4, 1976, 90 Stat. 1799]
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 295, re-
lated to the recognition of the entire amount of gain or
loss determined under section 1001 on the sale or ex-
change of property.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective for taxable years beginning after
Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set
out as an Effective Date of 1976 Amendment note under
section 2 of this title.
PART II—BASIS RULES OF GENERAL
APPLICATION
Sec.
1011.
Adjusted basis for determining gain or loss.
1012.
Basis of property—cost.
1013.
Basis of property included in inventory.
1014.
Basis of property acquired from a decedent.
1015.
Basis of property acquired by gifts and trans-
fers in trust.
1016.
Adjustments to basis.
1017.
Discharge of indebtedness.
[1018.
Repealed.]
1019.
Property on which lessee has made improve-
ments.
[1020.
Repealed.]
1021.
Sale of annuities.
[1022.
Repealed.]
1023.
Cross references.
[1024.
Renumbered.]
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–312, ti
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 1002
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