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posted Jun 6, 2019 8:05:31 AM

Are legal settlements dealing with adjustment for loss of real estate value taxable

class action suit against Rockwell and Dow chemical for loss of real estate value in 1989 due to plutonium leaks at Rocky Flats 

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Level 15
Jun 6, 2019 8:05:33 AM

Loss-in-value of property 

• Property settlements for loss in value of property that are less than the adjusted basis of your property are not taxable and generally do not need to be reported on your tax return. However, you must reduce your basis in the property by the amount of the settlement. 

• If the property settlement exceeds your adjusted basis in the property, the excess is income. For more information, see the Instructions for Schedule D, (Form 1040) Capital Gains and Losses and the Instructions for Form 4797, Sales of Business Property.

https://www.irs.gov/pub/irs-pdf/p4345.pdf