Contingent payment debt instrument - Structured CDs

Technical topics regarding tax preparation.
#1
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10
Joined:
19-Mar-2015 6:38pm
Location:
San Diego
I have a client who owned a structured certificate of deposit (FDIC insured) tied to the performance of a market index. The payout of the CD was a "point to point" structure and had no interest payments during the 4 year term. For the past 4 years he was paying original issue discount (OID) interest from form 1099-OID (about $2000 total for the 4 years total.)

It turns out that the market index declined over the 4 year period. So he simply received the principle back ($25,000) with no profit.

There is a 1099-B showing $25,000 for both basis and proceeds.

I believe he can take an ordinary loss of that ~$2000 per Pub 1212 But it is unclear on the exact way to report. Schedule B as a negative amount? Line 21 as a negative amount?

Any suggestions?
 

#2
Posts:
403
Joined:
7-Jun-2019 10:47am
Location:
West
I would put the loss on line 21 and cite to Reg. 1.275-4(b)(6)(iii)(B).
 


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