Short sales qualify for Long-term Capital gains, if the holding period exceeds one year.
As an accountant, I've not had a short sale to report as long-term capital gain, as most shorts are covered rather quickly. It's typically a relatively short term play. However, this is obviously a long-term situation we are discussing, as we approach the one-year point of the FDIC seizure. So once we reach Sept 25th, it's safe to say that all of the shorters can cover and then obtain LTCG treatment.