Treasury Regulations · 26 CFR
§ 1.1091-2. Basis of stock or securities acquired in “wash sales”.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 1091
Cite as 26 CFR § 1.1091-2
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- November 26, 1960 by T.D. 6500
- Last amended
- July 7, 1971 by T.D. 7129
- Issued under
- 26 U.S.C. § 1091
- Length
- 268 words · about 1 min to read
- Cross-references
- cites 1 Code section and 1 regulation; cited by 1
A purchased a share of common stock of the X Corporation for $100 in 1935, which he sold January 15, 1955, for $80. On February 1, 1955, he purchased a share of common stock of the same corporation for $90. No loss from the sale is recognized under section 1091. The basis of the new share is $110; that is, the basis of the old share ($100) increased by $10, the excess of the price at which the new share was acquired ($90) over the price at which the old share was sold ($80).
A purchased a share of common stock of the Y Corporation for $100 in 1935, which he sold January 15, 1955, for $80. On February 1, 1955, he purchased a share of common stock of the same corporation for $70. No loss from the sale is recognized under section 1091. The basis of the new share is $90; that is, the basis of the old share ($100) decreased by $10, the excess of the price at which the old share was sold ($80) over the price at which the new share was acquired ($70).
[T.D. 6500, 25 FR 11910, Nov. 26, 1960, as amended by T.D. 7129, 36 FR 12738, July 7, 1971]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
Cited by 1 other regulation
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Amended by T.D. 7129 (36 FR 12738)
- Issued by T.D. 6500 (25 FR 11910)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
- Wash Sales of Stock or Securities
Nearby sections
- § 1.1091-1 Losses from wash sales of stock or securities.
- § 1.1091-2 Basis of stock or securities acquired in “wash sales”.
- § 1.1092(b)-1T Coordination of loss deferral rules and wash sale rules (temporary).
- § 1.1092(b)-2T Treatment of holding periods and losses with respect to straddle positions (temporary).
- § 1.1092(b)-3T Mixed straddles; straddle-by-straddle identification under section 1092(b)(2)(A)(i)(I) (Temporary).
- § 1.1092(b)-4T Mixed straddles; mixed straddle account (temporary).