Deed in lieu of forclosure/1099-C

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  • rocketman
    Junior Member
    • Feb 2007
    • 2

    #1

    Deed in lieu of forclosure/1099-C

    I have a client who did a deed in lieu of forclosure in 2006. She purchased her this home which she lived in as her principal residence for $320,000. She received a 1099-C Cancellation of Debt with an amount of $312,000 in box 2. Amount of canceled debt and an amount of $300,000 in box 7 Fair market value of property.

    With all 1099-C's I have seen it all becomes taxable as other income on the front page, but this cannot all be taxable, right? But if I do not reported it the IRS computer will spit it out and they will want to know why it wasnt reported. How do I show it on the return and also show the basis so that it is not all taxable. Do I just leave it off the return and attach a message that explains the situation?

    Has anybody had this situation and how are we suppose to handle it? I am sure we will be seeing more and more of this as people's arms begin to run out.

    If you know what I should do I would greatly appreciate a response. Thanks to all.

    Rocketman
  • HBurkholder
    Member
    • Mar 2006
    • 64

    #2
    121 exclusion?

    It seems to me without researching that if folks owned and lived in the property for more than 2 years that this should be subject to the section 121 exclusion as they have in essence "sold" the house to the mortgage co.

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    • Davc
      Senior Member
      • Dec 2006
      • 1088

      #3
      Agree. 121 applies.

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