BobTheTaxMan It does not qualify [reference post 2] …I’m going to make it real simple for you. My research has shown this…It’s going to be treated as ordinary income and that’s that. Now, what would happen if you elected to do it as capital gains and file your return? Here’s what will happen…if you are incorrect and it comes back it will take two years before you hear from them. The amount of penalties and interest that is going to be accumulated over that two year time frame is…going to be big. So you have a choice. On my side I tell people treat it as ordinary income. Yeah you’re going to pay more taxes. That’s true you’re going to pay more taxes on it but I do know this much, within 3 years, because you have three years to amend that return to get money back, within three years somewhere along the line someone is going to get a Letter of Definition from the IRS that definitively says this is how we’re taxing it…and/or there might be rule changes in the IRS that converts this from ordinary income to capital gains. That might happen. I’ve seen it before. [Post 3… ]