1099C question

We operated a graphic design business for decades. A few years back I had to take series of classes to upgrade skills to maintain the business.

In order to do this I took on student loans. Soon after taking/completing the classes I suffered total and irreversible disability.

Following a long battle with the student load corp I was granted a dispensation for the repayment of the loans due to disability for which I received a 1099C form for TY 2012.

Since this is a business related expense can I offset the income from the

1099C with the expense of the classes? If so how should this be handled on the 1040?
Reply to
NotMe
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If you had ordinary and necessary expenses for your cash-based business in a prior year, they were already deducted (or should have been) in that year, therefore you cannot deduct them a second time in a subsequent year.

Reply to
Mark Bole

Did you take the lifetime learning credit, tuition and fees deduction, or a deduction on Schedule A or C back then? You should have.

Sorry. This sounds like line 21 Other Income. There might be a law that if debt occurs because of disability then it can be discharged. Conceptually the

1099-C is like welfare income, and welfare is not taxable. But I could not find such a law.

Note that 1099-C income is not taxable if you are insolvent. If you enter bankruptcy proceedings then ensure that they discharge this debt.

Reply to
removeps-groups

We were told we could not take the deduction in real time only after the loans were paid back. Regardless if we had taken them in real time there would have been a loss carry forward.

Reply to
NotMe

"Like welfare" makes some sense but I doubt if the IRS would be of a similar mind.

Actually we were forced to file bankruptcy due to failure of insurance to pay claims. Eventually collected the insurance which was paid directly to the medical providers. (or so we've been told). I understand and appreciate the information and would likely not have had a problem if the

1099C had been issued in a timely manner.

We're on a (somewhat) even keel now, far from rich by any measure but not quite destitute. Only income is from Social Security (husband wife befits). If the deduction is not allowed we *will* face a hardship trying to pay the tax.

Reply to
NotMe

Told by who? That advice does not sound correct to me.

There is no carry forward of the education deduction or credit. You would have got a bigger refund.

Reply to
remove ps

First thanks for the input.

The information came from the IRS when they did an audit on previous returns.

It did not matter as there were sufficient other deductions that the issue was not one that needed to be addressed much less contested at the time.

Bigger refund of/on what? Being suddenly disabled there was no income much less a taxable income. Disability income came later (much later but that's another tail of woe) but since the premiums were paid with after-tax income the disability 'income' was not taxable.

My question/concern was: if, as a business expense, the expense could/should/might be carried forward. Especially in that the holder of the loan took near a decade to properly process the paperwork.

Understand I'm not trying to be contrary as I'm basically trying to understand how the process works (and doesn't work) with a diminishing hope there is some way to get relief from the surprise tax libility.

Since I'm over 67 my income is from SSA. Does that have any impact?

Someone suggested income averaging. Is that a realistic option?

Reply to
NotMe

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