Exhibit 1 Section 1231 Netting Resulting in Net Gain Assume that in 2009 an individual taxpayer is the sole shareholder of an S corporation that disposes of two S 1231 assets: $35,000 [section] 1231 gain (20,000) [section] 1231 loss $15,000 net gain The net [section] 1231 gain is treated as a long-term capital gain and pooled with other long-term capital gains and losses
. This example, however, assumes that there are no other capital gains and losses.
For example, if an individual taxpayer has a net capital gain, the long-term capital gains and losses
would be separated into three tax rate groups: 28%, 25% and 20% (10% for gains that otherwise would be taxed at 15%).