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Understanding Wash Sale Loss Disallowed on Brokerage 1099 - Can I Still Claim These Losses?

I'm really confused about my tax situation with some disallowed wash sales. My brokerage sent me a 1099 showing about $40k in disallowed wash sales from last year. I've been doing a ton of research and watching YouTube videos about this, and everything I read suggested that as long as I closed all my positions before the end of the 2024 tax year, those losses should still be deductible against my gains. When I talked to my tax preparer about this, he's insisting that these wash sale losses aren't tax deductible at all. I tried explaining my understanding with an example: "If I bought Stock XYZ for $12,000, sold at $19,000, then bought back at $19,000, and finally sold at $6,000 before year-end - shouldn't I only be taxed on the net result? I made $7,000 on the first trade but lost $13,000 on the second trade, for a net loss of $6,000. It feels like my preparer wants to tax me on the $7,000 gain while ignoring my $13,000 loss, which doesn't seem right." His response was: "Your example doesn't apply to your situation. You sold positions at a loss and then rebought the same stocks/options within 30 days or less. This creates wash sale losses which aren't tax deductible. Your brokerage account likely uses first-in-first-out accounting. If you had waited more than 30 days before repurchasing the same investments, your losses would be tax deductible." Can someone please help me understand if I'm completely misinterpreting how wash sales work? Did I reach the wrong conclusion in my research, or am I misunderstanding what my tax preparer is telling me? I thought wash sale losses were just delayed until you completely exit the position, not permanently disallowed.

Can I just say how frustrating it is that most tax preparers don't understand trading scenarios? I had a similar situation with wash sales and my CPA kept giving me wrong information. Had to educate myself and basically explain it to him. The IRS rules aren't even that complicated once you understand the principle - wash sale losses aren't disallowed forever, they're just deferred by adjusting the basis of replacement shares.

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The real problem is that there are many CPAs who don't specialize in investment taxation but still take on clients with complex trading situations. I specifically sought out a CPA who works with active traders, and the difference in knowledge was night and day.

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Sarah Jones

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This is exactly why I switched from my general CPA to someone who specializes in trader taxation. The difference in understanding was incredible - my new preparer immediately knew that wash sales defer losses rather than eliminate them permanently. One thing that helped me verify my understanding was looking at my 1099-B more carefully. In Box 1d, if there's a "W" code, that indicates wash sale adjustments were made. But the key is looking at the summary totals - your broker has already calculated your net gains/losses after all wash sale adjustments. Your tax preparer should be using those final adjusted numbers, not trying to manually disallow wash sale losses again. If he's doing that, he's essentially double-counting the wash sale penalty, which would be incorrect. I'd recommend getting a second opinion from a CPA who specializes in securities transactions. The rules really aren't that complex once someone explains them properly, but unfortunately many general tax preparers just don't encounter these situations often enough to understand the nuances.

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Luca Greco

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This is really helpful advice about finding a CPA who specializes in trader taxation. As someone new to more complex trading scenarios, I'm realizing how important it is to work with someone who actually understands these situations rather than trying to figure it out with a general practitioner. The point about the 1099-B Box 1d "W" code is something I hadn't heard before - that's a great tip for identifying when wash sale adjustments have been made. It sounds like the key takeaway is that if you closed all your positions before year-end, the wash sale losses should already be properly reflected in your broker's calculations, and your tax preparer shouldn't be trying to disallow them again. I'm definitely going to look for a specialist for next year's taxes. Do you have any recommendations for how to find CPAs who specifically work with active traders? Are there particular credentials or certifications I should look for?

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Ethan Wilson

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As someone who's been researching tax strategies for high earners, I'd strongly recommend getting a second opinion from a tax professional who isn't selling these investments. I've seen too many colleagues get burned by complex tax strategies that sounded great in presentations but fell apart under scrutiny. One thing that concerns me about Neil Jesani's approach specifically is that when someone markets primarily to one profession (dentists/doctors), it often means they're exploiting our lack of investment knowledge rather than offering genuinely superior opportunities. We're easy targets because we have high incomes but limited time to do proper due diligence. Before considering any mineral rights investment, I'd suggest: 1) Get an independent analysis of the investment's economics (not just tax benefits) 2) Understand the full fee structure 3) Ask what happens if tax laws change 4) Consider simpler alternatives like maximizing defined benefit plans or conservation easements The fact that you're asking these questions here shows you're being smart about it. Don't let FOMO or aggressive sales tactics rush you into something this complex.

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Josef Tearle

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This is excellent advice. I'm also a healthcare professional and fell for a similar pitch a few years back. The key red flag I missed was exactly what you mentioned - when they're targeting specific professions, it's usually because they know we don't have time to properly vet investments. I'd add one more thing to your checklist: ask to speak with investors who've been in the program for 3-5 years, not just the cherry-picked success stories they'll initially offer. Most of these promoters will resist this request, which tells you everything you need to know. Also, if anyone is considering these investments, make sure your CPA has actual experience with oil & gas partnerships before you file. I learned the hard way that not all tax preparers understand the complexities, and mistakes can be costly.

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I appreciate everyone sharing their real experiences here. As someone who's been through IRS audits before (unrelated to mineral investments), I can't stress enough how important it is to have bulletproof documentation if you're going to pursue these strategies. The IRS has been increasingly scrutinizing tax shelter-like investments, especially those marketed to high-income professionals. Even if the deductions are legitimate, you need to be prepared to defend them. This means keeping detailed records of: - Your profit motive beyond tax benefits - All due diligence you performed - Documentation showing this is a real business investment, not just a tax scheme I'd also suggest looking into the IRS's "Listed Transactions" and "Transactions of Interest" lists to see if similar structures have been flagged. The last thing you want is to unknowingly participate in something the IRS has already identified as abusive. One final thought: remember that aggressive tax strategies often have a shelf life. What works today might not work tomorrow, and you could be stuck in an illiquid investment that no longer provides the benefits you bought it for. Sometimes the boring approaches (maxing out retirement accounts, establishing a cash balance plan) are boring for a reason - they work consistently over time.

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This is such valuable perspective, especially about the IRS scrutiny. I'm curious - when you went through your audits, did you find that having professional representation made a significant difference in the outcome? I'm weighing whether it's worth establishing a relationship with a tax attorney now, before making any complex investments, rather than scrambling to find one if issues arise later. Also, regarding the "Listed Transactions" - is there an easy way to search those, or do you need to work through the technical IRS publications? I want to make sure I'm not walking into something that's already on their radar.

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I work in pharmaceutical sales and deal with manufacturer incentives quarterly. One thing that might help is checking with your husband's dealership's finance or HR department - they often have to report these incentive programs to corporate for tax purposes, even if the payments come directly from manufacturers. Also, many manufacturers send incentive summaries in January showing all payments made the previous year, even if they don't issue formal 1099s. Check any manufacturer portals or apps your husband uses for sales tracking - sometimes the tax documents are posted there digitally before they're mailed. If you can get even a rough breakdown of which manufacturers paid what amounts, you can report the income accurately and avoid the stress of waiting for potentially missing forms. Better to overestimate slightly and get a small refund later than to underreport and face penalties.

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As someone who's been through tax season with missing 1099s multiple times, I'd strongly recommend against filing an incomplete return if you know income is missing. The IRS computers are really good at matching up income reports from companies with what individuals report on their returns. Here's what worked for me: Contact the dealership's accounting department ASAP - they usually track all manufacturer incentive programs for their salespeople, even if the payments come directly from manufacturers. Many dealerships have to report these arrangements to their corporate offices for liability and tax purposes. Also, check if your husband has access to any manufacturer sales portals or apps. I've found that many companies post annual summaries there in January that show all incentive payments, even if they're not issuing formal 1099s. If you absolutely can't track down the information, file Form 4868 for an extension rather than filing incomplete. The extension gives you until October to file (though you still need to pay estimated taxes by April 15th). Those few extra months often give enough time for the missing 1099s to arrive or for you to track down the information through the dealership's records.

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This is really helpful advice! I'm new to dealing with sales incentives and had no idea that dealerships might track manufacturer programs internally. Quick question - when you mention checking manufacturer sales portals, are these typically the same systems salespeople use to track their leads and inventory, or are there separate tax document portals? I want to make sure my husband knows where to look beyond just his regular sales dashboard.

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Miguel Harvey

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I'm so sorry you're experiencing this betrayal during an already difficult time. What you've described absolutely constitutes federal tax fraud - forging signatures on tax documents and Treasury checks are serious crimes that can result in both civil and criminal penalties. Here's what I'd recommend as your immediate action plan: **Secure your tax identity first:** File Form 14039 (Identity Theft Affidavit) with the IRS immediately and request an IRS Identity Protection PIN online. This prevents any future fraudulent filings in your name. **Document the fraud systematically:** Request actual copies of all tax returns using Form 4506 (not just transcripts) - these will show the forged signatures as evidence. Create a detailed timeline of every conversation where he deflected questions about taxes. **File for protection:** Submit Form 8857 for Innocent Spouse Relief - given the documented pattern of deception and forged signatures, you have an excellent case. Also file Form 911 to request Taxpayer Advocate Service assistance for coordinated help. **Report to multiple agencies:** Contact your state's Medicaid fraud control unit about the healthcare fraud, and file a police report specifically for the check fraud (forging Treasury checks is a separate criminal offense). **Leverage in divorce:** Make sure your attorney knows about this pattern of financial crimes immediately - courts typically rule in favor of the victim of financial fraud during asset division. The fact that he suddenly hired an accountant for 2023 taxes actually works in your favor as evidence that he knew his previous behavior was illegal. You did nothing wrong by trusting your spouse about shared financial obligations - that's completely normal in a marriage. He's the one who chose to systematically betray that trust and commit federal crimes. Stay strong - you're taking exactly the right steps to protect yourself and your child's future.

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I'm so sorry you're going through this devastating betrayal during what's already an incredibly difficult time. What your ex-husband did absolutely constitutes multiple federal crimes - signature forgery on tax documents, fraudulent endorsement of Treasury checks, and identity theft are all serious offenses that the IRS prosecutes aggressively. The pattern you've described of being deliberately kept in the dark about your own tax returns while he forged your signature and stole refunds is textbook financial abuse. This isn't just about tax mistakes - it's about systematic deception and control. Here are my recommendations for immediate action: **Protect yourself first:** File Form 14039 (Identity Theft Affidavit) with the IRS today and get an IRS Identity Protection PIN online to prevent any future fraudulent filings in your name. **Gather concrete evidence:** Use Form 4506 to request actual copies of all tax returns filed in your name - not just transcripts, but the physical documents showing his forged signatures. This will be crucial evidence. **Document the pattern:** Create a detailed timeline of every conversation where you asked about taxes and he deflected or gave evasive answers. This shows deliberate concealment. **File for multiple protections:** Submit Form 8857 for Innocent Spouse Relief and Form 911 for Taxpayer Advocate Service assistance to coordinate your case across IRS departments. **Report all fraud:** Contact your state's Medicaid fraud control unit and file a separate police report for check fraud - forging Treasury checks is its own criminal offense. His sudden decision to use an accountant for 2023 taxes is actually evidence that he knew his previous actions were illegal. You did nothing wrong by trusting your spouse with shared financial responsibilities - that's completely normal behavior in a marriage. He chose to exploit that trust and commit federal crimes. This pattern of financial deception will likely work strongly in your favor during divorce proceedings. Stay strong - you're taking exactly the right steps to protect yourself and your child.

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IRS showing "Action Required" message for 3 weeks after accepting my return on 2/15 - no notice received yet

I filed my taxes on February 12 and the IRS accepted my return on February 15. It's been almost 3 weeks now and there's still no update on the Where's My Refund app. When I check online it just says "Action Required" and that they received my tax return and are reviewing it. The IRS website specifically shows: "Action Required Please read the following information related to your tax situation. You may need to provide additional information to receive your full refund. We received your tax return and are reviewing it. If we need additional information, we'll mail a notice with further instructions. If you've already received a notice, please follow the instructions. If we determine no additional information is needed, we'll continue to process your refund." This message appears on the official IRS website under the "Refund Status Results" section when I log in to check my refund. The site is showing this message instead of the usual processing or approved status. It says they might need additional information to process my full refund, but I haven't received any notices or letters in the mail. I've been checking my mailbox every day and nothing from the IRS has arrived. Has anyone else seen this "Action Required" message? I'm getting worried because I was counting on this money soon. The IRS says they'll mail a notice if they need more info, but there's been nothing in my mailbox. And if they don't need anything, they'll "continue to process" my refund - but there's no timeline given for when that might happen. The website doesn't give any other details about what might be causing the delay or what specific information they might need. Should I call the IRS directly or just keep waiting for a potential letter?

Mateo Silva

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I'm going through the exact same thing right now! Filed Feb 11th, accepted Feb 14th, and I've had that "Action Required" message for almost 3 weeks. It's so maddening that they can't just tell us what they need instead of this vague message followed by waiting weeks for a letter. I finally broke down and checked my transcript yesterday using the IRS website, and it showed some codes that I couldn't decipher. Someone mentioned taxr.ai earlier in this thread so I gave it a try - turns out I have an identity verification flag on my account. At least now I know what's causing the delay instead of just sitting here wondering. The worst part is that the IRS website makes it sound like this review process is quick, but from what everyone is saying here it can take months. Really hoping my letter arrives soon so I can get this sorted out. Hang in there - sounds like most people eventually get their refunds once they complete whatever verification the IRS needs!

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QuantumQuasar

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Ugh, I feel your pain! I'm also stuck in this same nightmare - filed Feb 9th and have been staring at that "Action Required" message for what feels like forever. It's so ridiculous that in 2025 the IRS can't just send us an email or text telling us exactly what they need instead of making us wait weeks for snail mail. I'm definitely going to try checking my transcript and that taxr.ai thing you mentioned - at this point I just want to know SOMETHING about what's going on with my return. Thanks for sharing what you found out, it gives me hope that I can at least figure out what's causing my delay too!

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Oliver Weber

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I'm dealing with this exact same frustrating situation! Filed on Feb 9th, accepted Feb 12th, and I've been stuck with that vague "Action Required" message for over 3 weeks now. No letter in the mail yet either. What's really annoying is how unhelpful that message is - they basically say "we might need something from you" but give zero specifics about what or when. I've been checking my mailbox religiously every day hoping for some actual information. Based on what everyone here is saying, it sounds like this is unfortunately super common this tax season. I'm planning to check my transcript this weekend to see if I can get any clues about what's causing the hold-up. The waiting is absolutely brutal when you're counting on that money for bills and expenses. Thanks for posting about this - it's oddly comforting to know so many others are in the same boat. Hopefully we all get our answers (and refunds!) soon!

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