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Let's rephrase your question.

Phil, how about we rephrase it in a way that's not so accusatory?
Like:

"The broker is telling me it's not taxable - and that's what they're reporting to the IRS. This news article is telling me it is taxable. How do I do the right thing and not have the IRS bug me about the 1099 not matching my return in 15 months? I tried getting the broker to fix it already, and they won't, so now what?"

As for the OP's question:
I don't know if the best option is to put it as income that wasn't reported on a 1099, or to tell the software that it's really on line 1 of the 1099.
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