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Level 1
June 6, 2019
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I am being garnished for foreclosure of rental property. Can I deduct the amount I am being garnished as a legal expense for my partnership?

  • June 6, 2019
  • 1 reply
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Best answer by kprice3

No not as an expense.  If you disposed of the property due to foreclosure the funds would be included as a part of reduction of  the debt during the foreclosure.  IRS says a foreclosure is still considered a sale, or in more technical terms, a "disposition" of property. 

The basic formula for calculating capital gains is to subtract the basis or cost of the property from the sales price. The difference is how much profit a person made, or how much money was lost on the transaction. 

1 reply

kprice3Answer
Level 7
June 6, 2019

No not as an expense.  If you disposed of the property due to foreclosure the funds would be included as a part of reduction of  the debt during the foreclosure.  IRS says a foreclosure is still considered a sale, or in more technical terms, a "disposition" of property. 

The basic formula for calculating capital gains is to subtract the basis or cost of the property from the sales price. The difference is how much profit a person made, or how much money was lost on the transaction.