How to report stock sale with no purchase records?


Question:
If someone had purchased stocks over 10 years ago, sold it in 2006, has no history of the date of purchase or price other than the purchase happened in 1997 or 1998, and the financial firm no longer has history of the trades on the account, what is the best way to report the sale to the IRS for tax purposes?

What is known is that the stocks were all trading a lot higher in those years than when they were sold in 2006, so it should be a loss.

Historical trade data is no longer available online for a couple of companies as they went out of business or were acquired.

Answer:
Apparently, the person you speak of is brain dead and keeps no records of stocks purchases? If so, use a best estimate approach and attach a statement to the return making full and complete disclosure of the method used and why. That way, if the IRS disagrees, they can change the figures and send you a correction notice. If IRS says nothing, you will cover yourself under the 4-year (3 years from the filing date) statute of limitations. However, if your best estimate results in an understatement of income of 60% or more, the 6-year gross income omission statute will apply. So, be as accurate as possible. If you truly believe you had a net loss on the stocks, such a loss is only deductible at a rate of 3,000 per tax year, and you carry the excess loss forward. This will mean that many other tax years might be open to correction or audit. So, it may be a better to call it a wash, and not take a loss at all.
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