Legal fees paid in connection with certain whistleblower awards are deductible from gross income; no itemizing is required. One such deductible award is a “Section b” award (which is a mandatory award if certain conditions are met) through the IRS Whistleblower Office; an award under a “Section a” award (which is a discretionary award) does not allow legal fees to be deducted above-the-line. If deductible, the amount you can claim is limited to the amount of the award included in gross income.
A capital loss that is not deductible because it exceeds the annual $3,000 capital loss ceiling. A carryover loss may be deducted from capital gains of later years plus up to $3,000 of ordinary income.