They are well below the 28% tax bracket.  My reading of the way the gain is taxed was it is taxed at 28%.  I look at the schedule D tax summary page and see the gains included at the normal income rates but the gain is small enough it never gets out of the 24% bracket.

For comparison I upped the gain by $500k and saw the change that it went through the brackets until the highest portion was taxed at only 28%.  That led to my assumption that they are taxed at ordinary rates up to a max of 28% but that wasn't the way I was reading the code.