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Published by Eva Rosenberg, MBA, EA

Volume 6, Issue 249        March 5, 2004

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Easy Easement?
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» From: Port Matilda, PA

Dear TaxMama:

We sold a portion of our property to the Commonwealth of Pennsylvania as a conservation easement. It was less than a tenth of an acre in size.

We received a 1099-S.

Where do I enter the amount shown on the 1099-S and is it all taxable?

Thanks

Rob

TaxMama Replies

Hi Rob,

How interesting!

I am operating on the assumption that the rest of this property is home, yes?

You may need to show the sale on Schedule D, as a capital transaction.

Or, before you do anything, do some reading. IRS Publication 584 is about Casualty Losses.

If they took your property, essentially by eminent domain, you have a casualty loss. You would report the transaction on Form 4684 - this will result in your reducing the cost of your home for tax purposes.

I would still report the sale on Schedule D this way. report no gain or loss from this transaction (so just put the same amount in the cost column as you do in the sales price column).

Attach a statement to the return explaining the transaction.

You'll simply have a higher profit when you ultimately sell your home.

Best wishes,

Eva Rosenberg
Your TaxMama


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