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Uncovered Short sale = IRS notice

 

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Subject Author Date
Uncovered Short sale = IRS notice Mike C 05-31-2007
Posted by Mike C on May 31, 2007, 12:58 am
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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).

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Posted by joetaxpayer on June 1, 2007, 10:42 am
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Mike C 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).

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

Posted by Arthur Kamlet on June 1, 2007, 10:42 am
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> 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. >>
<< ------------------------------------------------------- >>

Posted by ed on June 3, 2007, 10:30 pm
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> 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. >>
<< ------------------------------------------------------- >>

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