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Capital Gain Treatment on Settlement of Legal Claim


kcjenkins

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This question has come up several times recently, and while the consensus was that it should be a capital gain item, we had no clear cite. IRS recently issued PLR 161356-05 available at http://www.irs.gov/pub/irs-wd/0724012.pdf. While it can not be cited, this ruling clearly lists the authority that they used to reach the determination, which should give us a clear map to cites to defend the reporting of the settlement as a capital gain item.

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