I've got a question related to one of Becker's questions below. Where exactly does this $50,000 ordinary loss show up on the individual's tax return?
——-
“In the current year, Fitz, a single taxpayer, sustained a $48,000 loss on Code Sec. 1244 stock in JJJ Corp., a qualifying small business corporation, and a $20,000 loss on Code Sec. 1244 stock in MMM Corp., another qualifying small business corporation. What is the maximum amount of loss that Fitz can deduct for the current year?
a.
$50,000 capital loss.
b.
$68,000 capital loss.
c.
$50,000 ordinary loss and $18,000 capital loss.
d.
$18,000 ordinary loss and $50,000 capital loss.
Explanation
Choice “c” is correct. The stock in each corporation is a capital asset. The general rule is that a loss on the sale or exchange of a capital asset will be a capital loss (either a short-term capital loss or a long-term capital loss, depending upon the holding period). However, a special rule applies to “section 1244 small business stock.” When a corporation's stock is sold or becomes worthless, an original stockholder can be treated as having an ordinary loss (fully deductible), instead of a capital loss, up to $50,000 ($100,000 if married filing jointly) for the year. Any loss(es) in excess of this amount is (are) a capital loss.
In this question, the taxpayer, who is not married, during the year has $68,000 of losses from the sale of section 1244 small business stock. As such, the taxpayer will treat as an ordinary loss $50,000 of the total loss; the taxpayer will treat as a capital loss the remaining $18,000 of the total loss.
Choices “a”, “b”, and “d” are incorrect per the above rule.
B - 81
A - 87
R - 73
F - July 5th