Re: Uncovered Short sale = IRS notice

> I got a notice from the IRS for 2005 for discrepancies on my

>> Schedule D. I looked at it and it turns out I had sold short >> shares that were not covered until 2006 and therefore did >> not need to be reported on my D (but were reported by my >> brokerage on the 1099). >> >> My question is is it a requirement to include a statement >> explaining this or is it just smart to avoid getting the >> letter (and hassle) later? I looked in Pub 550 and didn't >> see anything stating this was a requirement (or even >> suggesting to do it). > Pub 550 used to be more exacting, and more helpful > > The best I could find this year is a Pub 550 statement right > in the middle of page 67 that says Emily reconciles the > Schedule D Sales columns and makes sure they are not less > than the reported amounts of the 1099Bs. > > Then you can use your memory of what the Pub or the Schedule > D instructions used to say, and attach a statement when the > 1099Bs are more than the Sales Price columns. > > But when you have short positions remaining open at year > end, just say so right on the schedule D. > > I do this by entering "Short position remaining open > 12/31/06" on the line below the report of the short sale.

I guess what I am wondering is do I have to amend my 2005 return or just let them know the difference was due to open short positions? I notified them already but did not amend my return.

> > > > > > > > >
Reply to
Mike C
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Since you already received a Notice from the IRS, I would fill out a Corrected Schedule D (Mark Corrected and date in Red at top) and send a letter along with it and the notice itself, and explain in your letter that, as shown in the Corrected Sch D, the Excess of 1099-B amounts over Sch D Sales Columns was due to the short positions listed in the Corrected Sch D remaining open as of 12/31/06. In the future, Sch D should contain those short sales amounts along with a notation they remained open at year end. Do not file a Form 1040X since they are already examining your return and you are now explaining the difference.

Reply to
Arthur Kamlet

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