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Tax Deductions Theft

ASKramer Law

A Comprehensive Guide to the Deductibility of Digital Asset Losses

ASKramer Law on

In November 2023, almost 11,000 cryptocurrencies and digital tokens were listed on CoinMarketCaps.com. In addition, tens of thousands of non-fungible tokens (NFTs) are sold daily on various crypto exchanges and NFT platforms....more

ASKramer Law

Digital Asset Theft Loss Deductions are More Complicated Than You Think

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Taxpayers can take a tax deduction with respect to “theft” losses that result from an illegal “taking of property” done with criminal intent. Among various other types of criminal activities, fraud is treated as theft under...more

Freeman Law

Ponzi Schemes and the Theft Loss Deduction

Freeman Law on

Every few months or so seem to bring new revelations of a Ponzi scheme gone bust.  In the aftermath, erstwhile investors often struggle to be made whole again.  Fortunately, the federal income tax offers options to help,...more

Freeman Law

Can I Deduct Theft Losses?

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Federal tax law permits taxpayers to deduct so-called “theft losses,” provided certain requirements are met. Initially, a taxpayer must show that he or she will not receive compensation through insurance or another third...more

Freeman Law

Recent Tax Court Case and Theft-Loss Deductions

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A recent Tax Court case dealt with a familiar topic: Theft losses. I.R.C. section 165 has historically allowed taxpayers to deduct three types of losses: those incurred in a trade or business, those incurred in a transaction...more

Freeman Law

Theft Loss Deduction – the “Discovery Year”

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A recent Tax Court case has highlighted the importance for individual taxpayers in determining the “discovery year” for the purpose of taking a theft loss deduction. In Giambrone v. Commissioner, the Tax Court held that the...more

BCLP

Madoff Continues On: Recent Tax Court Case Rules on Treatment of Madoff Account

BCLP on

In a recent Tax Court decision, Harry H. Falk, and Steven P. Heller, Co-Executors, v. Commissioner of the Internal Revenue, the United States Tax Court ruled that in the case of the Madoff Ponzi scheme, an estate which paid...more

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