Too good to be true – Court rejects deductible theft loss for real estate scam

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Abstract: No one wants to fall victim to a fraudulent real estate scam, but, as fraudsters become increasingly sophisticated, the risk is real. Though it’s a small concession, victims should be able to claim a tax deduction for fraud losses, right? Not necessarily. This article reviews a recent legal case in which some investors learned that lesson the hard way. A short sidebar summarizes the importance of following the rules when seeking refunds attributable to “partnership items.” Hamilton v. U.S., No. 15-303, N.D. Ind., September 5, 2017