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Declaring Class Action Settlement?

 

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Subject Author Date
Declaring Class Action Settlement? Jeff Wisnia 03-06-2007
Posted by Jeff Wisnia on March 6, 2007, 5:25 am
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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.

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Posted by Benjamin Yazersky CPA on March 7, 2007, 4:49 am
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> 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. >>
<< ======================================================= >>

Posted by Seth Breidbart on March 7, 2007, 11:45 pm
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>> 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. >>
<< ======================================================= >>

Posted by Benjamin Yazersky CPA on March 10, 2007, 2:30 am
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>>> 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. >>
<< ======================================================= >>

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