Insolvency, is there a max #?

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  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    Insolvency, is there a max #?

    I have a prospect who in 2011 claimed insolvency not bankruptcy thus did not include 1099-C 2011 cancellation of debt in their 2011 income. Now taxpayer has 2012 form 1099-C and taxpayer says he is insolvent again the day prior of the 1099-C.

    I am not aware of any restrictions on how many tax years the taxpayer can claim the insolvency is anyone else?
  • appelman
    Senior Member
    • Jan 2010
    • 1195

    #2
    I don't believe there's a limit.

    If you are insolvent just before the debt relief takes place.
    Evan Appelman, EA

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    • joanmcq
      Senior Member
      • Jun 2007
      • 1729

      #3
      I don't know of a restriction, but I wouldn't take his word for it. Do the calculation, and remember assets that aren't includable in bankruptcy still count for the insolvency calc, like the primary residence and retirement accounts.

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