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Old 03-10-2007, 06:30 AM
Benjamin Yazersky CPA
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Default Re: Declaring Class Action Settlement?

"Seth Breidbart" <sethb[at]panix.com> wrote:
- quote -

> Benjamin Yazersky CPA <johndoe[at]nowhere.com> wrote:
> > "Jeff Wisnia" <jwisnia[at]conversent.net> wrote:


> > > Five years ago I sold some shares of stock at a loss and
> > > summed that loss into my 1040 Schedule D capital gains for
> > > that year.
> > > > > In 2006 I received a settlement check for about $800
> > > resulting from a class action suit against the company whose
> > > shares I'd held.
> > > > > Is it proper for me to show that settlement payment amount
> > > as a long term capital gain for 2006? If not, how should it
> > > be declared?


> > long term capital gain is correct


> Even if it was a short-term capital loss when sold?


its a recovery of an item previously deducted on a prior
year's tax return so the recovery takes on the same status

if it was a short term capital gain or loss, then the
recovery is a short term capital gain

if it was a long term capital gain or loss, then the
recovery is a long term capital gain

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 03-08-2007, 03:45 AM
Seth Breidbart
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Posts: n/a
Default Re: Declaring Class Action Settlement?

Benjamin Yazersky CPA <johndoe[at]nowhere.com> wrote:
- quote -

> "Jeff Wisnia" <jwisnia[at]conversent.net> wrote:

> > Five years ago I sold some shares of stock at a loss and
> > summed that loss into my 1040 Schedule D capital gains for
> > that year.
> > > In 2006 I received a settlement check for about $800

> > resulting from a class action suit against the company whose
> > shares I'd held.
> > > Is it proper for me to show that settlement payment amount

> > as a long term capital gain for 2006? If not, how should it
> > be declared?


> long term capital gain is correct


Even if it was a short-term capital loss when sold?

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 03-07-2007, 08:49 AM
Benjamin Yazersky CPA
Guest
 
Posts: n/a
Default Re: Declaring Class Action Settlement?

"Jeff Wisnia" <jwisnia[at]conversent.net> wrote:

- quote -

> Five years ago I sold some shares of stock at a loss and
> summed that loss into my 1040 Schedule D capital gains for
> that year.
> In 2006 I received a settlement check for about $800
> resulting from a class action suit against the company whose
> shares I'd held.
> Is it proper for me to show that settlement payment amount
> as a long term capital gain for 2006? If not, how should it
> be declared?


long term capital gain is correct

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 03-06-2007, 09:25 AM
Jeff Wisnia
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Posts: n/a
Default Declaring Class Action Settlement?

Five years ago I sold some shares of stock at a loss and
summed that loss into my 1040 Schedule D capital gains for
that year.

In 2006 I received a settlement check for about $800
resulting from a class action suit against the company whose
shares I'd held.

Is it proper for me to show that settlement payment amount
as a long term capital gain for 2006? If not, how should it
be declared?

Thanks,

Jeff

--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
The speed of light is 1.8*10^12 furlongs per fortnight.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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action, class, declaring, settlement
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