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Client signed oil lease regarding seismic surface testing of which it was agreed that the 5,206.00 was for surface damages. QF Special Tax Situations says "Receipient's tax treatment of these damages is "Return of capital to extent of property's basis; and that excess is Section 1231 gain. My question is where do I place this - part I or Part III of the 4797. Will appreciate any ideas.

Posted

Client signed oil lease regarding seismic surface testing of which it was agreed that the 5,206.00 was for surface damages. QF Special Tax Situations says "Receipient's tax treatment of these damages is "Return of capital to extent of property's basis; and that excess is Section 1231 gain. My question is where do I place this - part I or Part III of the 4797. Will appreciate any ideas.

What's his basis on the property? If enough, you just reduce the basis.

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