26 U.S.C. § 453B: Gain or loss on disposition of installment obligations

the amount realized, in the case of satisfaction at other than face value or a sale or exchange, or the fair market value of the obligation at the time of distribution, transmission, or disposition, in the case of the distribution, transmission, or disposition otherwise than by sale or exchange. The basis of an installment obligation shall be the excess of the face value of the obligation over an amount equal to the income which would be returnable were the obligation satisfied in full. Except as provided in section 691 (relating to recipients of income in respect of decedents), this section shall not apply to the transmission of installment obligations at death. Subsection (a) shall not apply to any distribution to which section 337(a) applies. In the case of a disposition of an installment obligation by any person other than a life insurance company (as defined in section 816(a)) to such an insurance company or to a partnership of which such an insurance company is a partner, no provision of this subtitle providing for the nonrecognition of gain shall apply with respect to any gain resulting under subsection (a). If a corporation which is a life insurance company for the taxable year was (for the preceding taxable year) a corporation which was not a life insurance company, such corporation shall, for purposes of this subsection and subsection (a), be treated as having transferred to a life insurance company, on the last day of the preceding taxable year, all installment obligations which it held on such last day. A partnership of which a life insurance company becomes a partner shall, for purposes of this subsection and subsection (a), be treated as having transferred to a life insurance company, on the last day of the preceding taxable year of such partnership, all installment obligations which it holds at the time such insurance company becomes a partner. by returning the income on such installment obligation under the installment method prescribed in section 453, and as if such income were an item attributable to a noninsurance business. For purposes of this subsection, the term “noninsurance business” means any activity which is not an insurance business. it is of a type traditionally carried on by life insurance companies for investment purposes, but only if the carrying on of such activity (other than in the case of real estate) does not constitute the active conduct of a trade or business, or it involves the performance of administrative services in connection with plans providing life insurance, pension, or accident and health benefits. the obligation shall be treated as if it were disposed of in a transaction other than a sale or exchange, and if the obligor and obligee are related persons (within the meaning of section 453(f)(1)), the fair market value of the obligation shall be treated as not less than its face amount. subsection (a) of this section shall not apply, and the same tax treatment with respect to the transferred installment obligation shall apply to the transferee as would have applied to the transferor. an installment obligation is distributed by an S corporation in a complete liquidation, and receipt of the obligation is not treated as payment for the stock by reason of section 453(h)(1), Subsection (a) of section 536 of the Ticket to Work and Work Incentives Improvement Act of 1999 (relating to modification of installment method and repeal of installment method for accrual method taxpayers) [ Pub. L. 106–170 , amending this section] is repealed effective with respect to sales and other dispositions occurring on or after the date of the enactment of such Act [ Dec. 17, 1999 ]. The Internal Revenue Code of 1986 shall be applied and administered as if that subsection (and the amendments made by that subsection) had not been enacted.”