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  #4  
Old 06-05-2007, 07:20 PM
Arthur Kamlet
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Posts: n/a
Default Re: Uncovered Short sale = IRS notice

Mike C <f3pb8m$s7n$1[at]panix3.panix.com> wrote:
- quote -

> kam...[at]panix.com (Arthur Kamlet) wrote:
> > Mike C <michaelj...[at]hotmail.com> wrote:


> > > I got a notice from the IRS for 2005 for discrepancies on my
> > > Schedule D. I looked at it and it turns out I had sold short
> > > shares that were not covered until 2006 and therefore did
> > > not need to be reported on my D (but were reported by my
> > > brokerage on the 1099).
> > > > > My question is is it a requirement to include a statement
> > > explaining this or is it just smart to avoid getting the
> > > letter (and hassle) later? I looked in Pub 550 and didn't
> > > see anything stating this was a requirement (or even
> > > suggesting to do it).


> > Pub 550 used to be more exacting, and more helpful
> > > The best I could find this year is a Pub 550 statement right

> > in the middle of page 67 that says Emily reconciles the
> > Schedule D Sales columns and makes sure they are not less
> > than the reported amounts of the 1099Bs.
> > > Then you can use your memory of what the Pub or the Schedule

> > D instructions used to say, and attach a statement when the
> > 1099Bs are more than the Sales Price columns.
> > > But when you have short positions remaining open at year

> > end, just say so right on the schedule D.
> > > I do this by entering "Short position remaining open

> > 12/31/06" on the line below the report of the short sale.


> I guess what I am wondering is do I have to amend my 2005
> return or just let them know the difference was due to open
> short positions? I notified them already but did not amend
> my return.


Since you already received a Notice from the IRS, I would
fill out a Corrected Schedule D (Mark Corrected and date in
Red at top) and send a letter along with it and the notice
itself, and explain in your letter that, as shown in the
Corrected Sch D, the Excess of 1099-B amounts over Sch D
Sales Columns was due to the short positions listed in the
Corrected Sch D remaining open as of 12/31/06.

In the future, Sch D should contain those short sales
amounts along with a notation they remained open at year
end.

Do not file a Form 1040X since they are already examining
your return and you are now explaining the difference.

--

ArtKamlet at a o l dot c o m Columbus OH K2PZH

<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #3  
Old 06-04-2007, 02:30 AM
Mike C
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Posts: n/a
Default Re: Uncovered Short sale = IRS notice

kam...[at]panix.com (Arthur Kamlet) wrote:
- quote -

> Mike C <michaelj...[at]hotmail.com> wrote:

> > I got a notice from the IRS for 2005 for discrepancies on my
> > Schedule D. I looked at it and it turns out I had sold short
> > shares that were not covered until 2006 and therefore did
> > not need to be reported on my D (but were reported by my
> > brokerage on the 1099).
> > > My question is is it a requirement to include a statement

> > explaining this or is it just smart to avoid getting the
> > letter (and hassle) later? I looked in Pub 550 and didn't
> > see anything stating this was a requirement (or even
> > suggesting to do it).


> Pub 550 used to be more exacting, and more helpful
> The best I could find this year is a Pub 550 statement right
> in the middle of page 67 that says Emily reconciles the
> Schedule D Sales columns and makes sure they are not less
> than the reported amounts of the 1099Bs.
> Then you can use your memory of what the Pub or the Schedule
> D instructions used to say, and attach a statement when the
> 1099Bs are more than the Sales Price columns.
> But when you have short positions remaining open at year
> end, just say so right on the schedule D.
> I do this by entering "Short position remaining open
> 12/31/06" on the line below the report of the short sale.


I guess what I am wondering is do I have to amend my 2005
return or just let them know the difference was due to open
short positions? I notified them already but did not amend
my return.

<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #2  
Old 06-04-2007, 02:30 AM
ed
Guest
 
Posts: n/a
Default Re: Uncovered Short sale = IRS notice

Mike C <michaelj...[at]hotmail.com> wrote:

- quote -

> I got a notice from the IRS for 2005 for discrepancies on my
> Schedule D. I looked at it and it turns out I had sold short
> shares that were not covered until 2006 and therefore did
> not need to be reported on my D (but were reported by my
> brokerage on the 1099).
> My question is is it a requirement to include a statement
> explaining this or is it just smart to avoid getting the
> letter (and hassle) later? I looked in Pub 550 and didn't
> see anything stating this was a requirement (or even
> suggesting to do it).


To make your total coorespond with the total of your 1099-Bs
you must report all sales. If you didn't close them that
year, report the purchase information (price, purchase date
and profit) as "open short".

ed

<< ------------------------------------------------------- > << 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 06-01-2007, 02:42 PM
joetaxpayer
Guest
 
Posts: n/a
Default Re: Uncovered Short sale = IRS notice

Mike C wrote:

- quote -

> I got a notice from the IRS for 2005 for discrepancies on my
> Schedule D. I looked at it and it turns out I had sold short
> shares that were not covered until 2006 and therefore did
> not need to be reported on my D (but were reported by my
> brokerage on the 1099).
> My question is is it a requirement to include a statement
> explaining this or is it just smart to avoid getting the
> letter (and hassle) later? I looked in Pub 550 and didn't
> see anything stating this was a requirement (or even
> suggesting to do it).


I viewed 550 as well. You are right, it's lacking. Given
that a broker will report a short sale the same as a sale,
that's what the IRS tries to reconcile. Purchases, i.e.
cost, isn't really tracked by the broker (IRS wants to
change this) but sales are. So a short sale that remains
open through the end of the year needs to be reconciled, and
noted on the return.

JOE

<< ------------------------------------------------------- > << 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 06-01-2007, 02:42 PM
Arthur Kamlet
Guest
 
Posts: n/a
Default Re: Uncovered Short sale = IRS notice

Mike C <michaeljc70[at]hotmail.com> wrote:

- quote -

> I got a notice from the IRS for 2005 for discrepancies on my
> Schedule D. I looked at it and it turns out I had sold short
> shares that were not covered until 2006 and therefore did
> not need to be reported on my D (but were reported by my
> brokerage on the 1099).
> My question is is it a requirement to include a statement
> explaining this or is it just smart to avoid getting the
> letter (and hassle) later? I looked in Pub 550 and didn't
> see anything stating this was a requirement (or even
> suggesting to do it).


Pub 550 used to be more exacting, and more helpful

The best I could find this year is a Pub 550 statement right
in the middle of page 67 that says Emily reconciles the
Schedule D Sales columns and makes sure they are not less
than the reported amounts of the 1099Bs.

Then you can use your memory of what the Pub or the Schedule
D instructions used to say, and attach a statement when the
1099Bs are more than the Sales Price columns.

But when you have short positions remaining open at year
end, just say so right on the schedule D.

I do this by entering "Short position remaining open
12/31/06" on the line below the report of the short sale.

<< ------------------------------------------------------- > << 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 05-31-2007, 04:58 AM
Mike C
Guest
 
Posts: n/a
Default Uncovered Short sale = IRS notice

I got a notice from the IRS for 2005 for discrepancies on my
Schedule D. I looked at it and it turns out I had sold short
shares that were not covered until 2006 and therefore did
not need to be reported on my D (but were reported by my
brokerage on the 1099).

My question is is it a requirement to include a statement
explaining this or is it just smart to avoid getting the
letter (and hassle) later? I looked in Pub 550 and didn't
see anything stating this was a requirement (or even
suggesting to do it).

<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
 

Tags
irs, notice, sale, short, uncovered
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