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How to Claim Capital Loss from Debtor Chapter 11 Bankruptcy

 

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Subject Author Date
How to Claim Capital Loss from Debtor Chapter 11 Bankruptcy lipingli800 03-23-2008
Posted by lipingli800 on March 23, 2008, 9:38 pm
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I invested XYZ company's note. On 1/21/05 XYZ company filed chapter 11
bankruptcy, it converted to chapter 7 bankruptcy on 5/17/05. Since
then I have not receive any capital loss statement except a notice
from a State branch of United States Bankruptcy Court.

It has been more than 3 years since XYZ filed bankruptcy. My question
is
1. How can I claim the capital loss with my tax return?
2. Will my right to a tax refund from my loss as an investor in XYZ
company's note expire on April 15, 2008?

Any suggestion is appreciated.

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Posted by Phil Marti on March 23, 2008, 11:37 pm
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>I invested XYZ company's note. On 1/21/05 XYZ company filed chapter 11
> bankruptcy, it converted to chapter 7 bankruptcy on 5/17/05. Since
> then I have not receive any capital loss statement except a notice
> from a State branch of United States Bankruptcy Court.

Which said ....?

> It has been more than 3 years since XYZ filed bankruptcy. My question
> is
> 1. How can I claim the capital loss with my tax return?

You can't until your asset is worthless. That will been when the debtor has
been "discharged" from bankruptcy and you've been told how much you're
getting from the payout.

> 2. Will my right to a tax refund from my loss as an investor in XYZ
> company's note expire on April 15, 2008?

No. You show the loss on your return for the year it becomes worthless, and
the time for doing so in an amended return is extended to 7 years. See page
37 of IRS Publication 550.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by rlsusenet@NOSPAMPUHLEEZschnapp on March 24, 2008, 1:30 pm
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Phil Marti wrote:
>
>> I invested XYZ company's note. On 1/21/05 XYZ company filed chapter 11
>> bankruptcy, it converted to chapter 7 bankruptcy on 5/17/05. Since
>> then I have not receive any capital loss statement except a notice
>> from a State branch of United States Bankruptcy Court.
>
> Which said ....?
>
>> It has been more than 3 years since XYZ filed bankruptcy. My question
>> is
>> 1. How can I claim the capital loss with my tax return?
>
> You can't until your asset is worthless. That will been when the debtor has
> been "discharged" from bankruptcy and you've been told how much you're
> getting from the payout.
>
>> 2. Will my right to a tax refund from my loss as an investor in XYZ
>> company's note expire on April 15, 2008?
>
> No. You show the loss on your return for the year it becomes worthless, and
> the time for doing so in an amended return is extended to 7 years. See page
> 37 of IRS Publication 550.

Can he sell his interest to someone for a nominal price, and take the
loss in 2008?

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on March 24, 2008, 3:41 pm
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> Can he sell his interest to someone for a nominal price, and take the loss
> in 2008?

Sure, as long as it's not a class of buyer that would disqualify the loss.
See Publication 550.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on March 24, 2008, 3:54 pm
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> Can he sell his interest to someone for a nominal price, and take the loss
> in 2008?

Sure, as long as it's not a class of buyer that would disqualify the loss.
See Publication 550.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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