GeorgeM777
Expert Alumni

Get your taxes done using TurboTax

It appears that at least part of the settlement was a return of your original investment of $50,000.  A return of capital would not be taxable.  However, in a prior post you mentioned that for tax year 2018, your CPA included your $5,000 loss on your return.  So what happened is that you got the benefit of the $5,000 loss for tax year 2018, and now because of the settlement, you are getting your $5,000 returned to you plus an additional $3,000.   The $3,000 is probably taxable and should be included on your return using the following method: 

 

In TurboTax online, 

 

  1. go to Income & Expenses
  2. scroll down the page to the last item Less Common Income
  3. select Miscellaneous income
  4. then from the list select Other reportable income.  
  5. you will have to enter the amount you received plus a short description.    

Yes, you should inform your CPA about the settlement you received and remind the CPA that your 2018 return reflects that you took a $5,000 loss on your partnership investment which has now been returned to you as a result of the legal settlement.  If it turns out that you need to report the $5,000 in the same manner as the $3,000, then you can again use the above method.  However, if your CPA can quantify for you what tax benefit you received as a result of deducting the $5,000 loss in 2018, then perhaps only that tax benefit needs to be taxed for 2021, and the remainder can be characterized as just a return of your original investment and thus, would not be taxable.

 

Follow-up with additional information if necessary.  

 

@Justin202203

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