Amended Federal Tax Return

[filingin08]

Wanting to get input...

We filed B13 in 2008, confirmed 2009.

In 2011, our mortgage lender resturctured our 2nd mortgage to eliminate a 15 year balloon payment and reduced the princpal. They sent us a 1099 for the portion that was forgiven during this process.

We included the 1099 in our 2011 taxes and ended up owing about $2k.

In 2013 we surrendered our home.

We will be discharged in early 2014.

We have until 4/15/14 to file an amended return on our 2011 taxes and are considering doing so. We would include the discharge and other paperwork showing we surrendered.

I'm wondering if anyone else has ever done this... essentially using this year's rules on a prior year's money? Or could you argue it's really 2008 rules?

Thanks for your thoughts.

[justbroke]

This is a question that can only be answered by a professional tax attorney or adviser. My uneducated guess would be that it would have been forgiven in a bankruptcy, so I would think that you should have filed a Form 982. But, I'm no tax attorney or adviser.