Hi All! I hope everyone is staying well through this tough time. I have a situational tax question and am hoping for some guidance from this group of experienced accountants.
I have a client who sold their business in 2014 via an installment sale reported on Form 6252. However, as years went on the sales price decreased due to certain stipulations not being met by the sellers. Accordingly, the gross profit was adjusted in subsequent years. In 2019 the Company that bought out my client was ultimately sold itself and now this installment agreement is not going to be paid. Therefore, I’d like to reduce the gross profit to what has actually been collected/reported thus far. Meaning, the client has significantly overpaid tax on these installments since the gross profit has decreased. So, the issue arises now that they are due a significant amount of tax back and should be able to recognize a loss however this isn’t possible with Form 6252 and the loss is limited to $3,000 annually. The statute has expired for the 2014 tax return to adjust the initial installment sale. Any thoughts on how to retrieve the monies that are rightfully due to the taxpayer by no fault of their own in this installment agreement? Recognizing a $3,000 annually would never fulfill the true loss. Any recommendations would be appreciated.
I have a client who sold their business in 2014 via an installment sale reported on Form 6252. However, as years went on the sales price decreased due to certain stipulations not being met by the sellers. Accordingly, the gross profit was adjusted in subsequent years. In 2019 the Company that bought out my client was ultimately sold itself and now this installment agreement is not going to be paid. Therefore, I’d like to reduce the gross profit to what has actually been collected/reported thus far. Meaning, the client has significantly overpaid tax on these installments since the gross profit has decreased. So, the issue arises now that they are due a significant amount of tax back and should be able to recognize a loss however this isn’t possible with Form 6252 and the loss is limited to $3,000 annually. The statute has expired for the 2014 tax return to adjust the initial installment sale. Any thoughts on how to retrieve the monies that are rightfully due to the taxpayer by no fault of their own in this installment agreement? Recognizing a $3,000 annually would never fulfill the true loss. Any recommendations would be appreciated.
