barton
New Member

How do I deduct legal settlement and fees on an investment property that was sold 4 years ago?

I am posing this question in two parts.  Otherwise, it gets too confusing.

I was a co-defendant in a law suit over an easement on undeveloped land.  The property is an investment property which I periodically logged.  There was a mediated cash settlement and substantial legal fees.  After a bit of research, it looks to me like both settlement and legal fees are deductible, either as an expense or capital expenditure.  My guess is on capital expenditure as all the income is capital gain.  First, is my guess right?  Second, what forms should handle?

The second part of my question is that the property was sold (with a capital gain) in 2014, suit filed in ’16 and settled in ’17.  How do I handle after-the-fact costs against the capital gain?  Filing an amended return doesn’t seem right, as it would reference a future event.  Reporting it on my 2017 return feels a little awkward because the settlement diminishes the capital value of a property I no longer own.

I appreciate any help, guidance or understanding anyone can offer.