Soggy_Stargazer•

Kind of a bullshit press release.

I love how they don't provide ANY backup or sources for any of the statements they are deriving their positions from.

Since they can't be bothered, but I can, here's the gist.

The linked article uses generalized logic to call out statements made that identify crypto as exempt from like-kind exchanges. then an equally un-identified source publicly contradicted those statements. They then use that to derive a position that like-kind is acceptable for pre-2018 crypto - crypto trades.

The unidentified source from the link OP provided is Suzanne Sinno and she was speaking at the AICPA 2019 National Tax Conference. I am still looking for a transcript or synopsis of her session but I am not sure I am that motivated to do so right now.

Several articles picked up on her comments, which also prompted a response from Christopher Wrobel, another attorney for the IRS who walked those comments back.

Most of the original articles have been updated to reflect the statements from Wrobel, and the consensus from the articles is that anyone that did not file for like-kind treatment prior to 2018 may be able to file an amended 2017 tax return to seek out like-kind treatment.

HOWEVER

What was really said was that like-kind treatment was approached from a case by case basis, IE WHEN YOU GET AUDITED, to determine if like-kind could apply.

SO, if you did not apply like-kind for pre 2018 exchanges, AND you're okay with going through an audit, you could file an amended return and possibly get some money back.

As someone who paid A LOT of taxes for like-kind paper gains in 2017, this is particularly attractive, however I am not sure if its worth the hassle or not.

6
Focker_OP•

Very good analysis, thank you. I'm also in a position to benefit from like-kind, but don't know if I want to go through the hassle either.

0
BitcoinTaxesMe•

And they are also trying to get people to pay them to amend and provide no legal argument for why they are taking this position other than "research"

5
Focker_OP•

And they are also trying to get people to pay them to amend and provide no legal argument for why they are taking this position other than "research"

Well this isn't exactly the greatest rebuttal. The reason I posted this is promote discussion.

All tax specialists sell services, it's not a valid counter argument to their article.

-2
ameanbitcoiner•

I've heard in these threads that it would be a hassles to amend for like-kind. What hassle would be awaiting us. I paid an arm and a leg and still paying on it.

2
Focker_OP•

An audit, and potentially losing that audit and having to pay with penalties and interest.

2