Federal Tax

  • 1.  Ordinary or capital Loss

    Silver Most Valuable Member
    Posted 03-30-2015 08:16 AM

    I have a client who lost $ 61K on a real estate ( a condo) investment. The intention was when the project was complete they were going to rent out the condo. My client has his own place in Florida. When the construction was complete the building never opened. They went to litigation and when all was said and done my client lost $ 61,094 ( Deposit $ 122,000 less expenses of litigation $ 60,906).

     

    Can this be considered an ordinary loss or is it a capital loss?

     


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    Gary Geisenheimer
    EA
    Gary Geisenheimer
    Woodbury NY
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  • 2.  RE: Ordinary or capital Loss

    Platinum Most Valuable Member
    Posted 03-30-2015 11:21 AM
    I believe that money lost on an investment would be a capital loss.

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    Sandra Johnson
    SANDRA JOHNSON, CPA PC
    Bellmore NY
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  • 3.  RE: Ordinary or capital Loss

    Platinum Most Valuable Member
    Posted 03-30-2015 12:00 PM

    i see no justification for it being ordinary.

    IMHO    i say  capital

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    Abby Alhante
    KURCIAS & ALHANTE, CPAs LLC
    Woodbury NY
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  • 4.  RE: Ordinary or capital Loss

    Silver Most Valuable Member
    Posted 03-31-2015 07:28 PM
    Section 1231 may apply but I don't have time to research.  Worth a try.

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    Robert Barnett
    CPA, ESQ.
    ROBERT BARNETT, ESQ. CPA
    JERICHO NY
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  • 5.  RE: Ordinary or capital Loss

    Posted 04-01-2015 01:10 PM
    If he made money on it, it would be a 1250 gain.  So if he loses money,  would it not be a 1231 loss since it was intended to be a business? 

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    M. Daniel Martin BA
    M. DANIEL MARTIN, CPA EA
    Babylon NY
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  • 6.  RE: Ordinary or capital Loss

    Silver Most Valuable Member
    Posted 04-05-2015 03:57 PM
    That was my thought but he should research applicable cases and support.

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    Robert Barnett
    CPA, ESQ.
    ROBERT BARNETT, ESQ. CPA
    JERICHO NY
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Discussion Disclaimer

The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.