If it is a "return of equity"
then you will have reduce your investment basis accordingly.
Thus you have 2 almost identical scenarios:
1) Dividend is taxable - Matching capital loss (to date)
2) Dividend is not taxable - No effective capital loss.
Therefore, no matter how you treat this, its a wash to you. I would just expect to get a 1099-DIV in January.
Mack
If somethings hard to do, then its not worth doing - Homer Simpson