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ha-zap
Returning Member

1099-misc - from law suit

Can you deduct the legal fees and costs to repair my home due to the road construction in front of our house caused a sewer backup and had to file a law suit to get them to pay.  It only covered the cost to repair and now I have a tax bill to pay for the reimbursement.  Is there a way to include the cost?

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2 Replies
KrisD15
Expert Alumni

1099-misc - from law suit

No, Attorney Fees are not deductible. 

 

If the settlement was not more than the cost to remedy the damage (or the loss in basis/value if the damage was not repaired) the 1099-MISC is not taxable. 

 

HERE is an IRS link 

 

If you have receipts for the repairs, and the repairs were as much or more than the settlement, you needn't pay tax on that money. 

 

Enter the 1099-MISC Under


Wages & Income
Other Common Income
Income from Form 1099-MISC    START


Enter the 1099-MISC as it was reported, Type "Property Damage" in for the description, 

Select "None of these apply" for uncommon situations, 
"NO" not like main job, 
Only got it in 2024,  
"NO" no intent to earn money, 
DONE



THIS GETS THE FORM ON YOUR RETURN, now back out the cost for repair (or loss in basis) 


Wages & Income
LESS COMMON INCOME
Miscellaneous Income, 1099-A, 1099-C    START 
Scroll all the way down to the LAST option- Other reportable income   START 


Type "cost to repair damage" or some other description the IRS will understand and enter the amount AS A NEGATIVE AMOUNT (put a minus sign (-)  in front of the number
Done


The 1099-MISC as well as the negating entry will both be on Schedule 1 line 8z

 

 

 

 

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ha-zap
Returning Member

1099-misc - from law suit

Thank you 

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