Usually no. As a previous answer pointed out, if the payment is capital gain, it shouldn’t have been reported on a 1099-MISC.But under the tax law you never say never. I can think of at least one situation where compensation reportable on a 1099-MISC can be eligible for capital gains treatment. That is, an independent contractor who receives a “severance” payment to buy out a contract could be eligible to treat the contract as a capital asset and a portion of the payment as a capital gain. But that doesn’t happen too often.