Discussion:Question about IRAs and Ponzi

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Discussion Forum Index --> Advanced Tax Questions --> Question about IRAs and Ponzi
Discussion Forum Index --> Tax Questions --> Question about IRAs and Ponzi

IRS4LIFE (talk|edits) said:

30 March 2009
Person A has a nice IRA and is a retiree. A is approached by Person P, a Ponzi scammer. P tells A that she can rollover her IRA with P's trust company, and good things will happen. No indication as to what this constitutes. A then rolls over her entire IRA into P's trust company. The scheme runs out of steam and things fall apart. G men put P in jail. G men also come after the A's of the world claiming the rollover...wasn't. It's includible in income for the year it was rolled over. Doesn't matter if there's a theft loss involved because they're low income retirees. Do they have a lifeline?

Mtmckeecpa (talk|edits) said:

30 March 2009
IRS4,

You don't say why the rollover was not valid? But if not valid rollover for whatever reason...then A should have a theft loss under IRC 165? Perhaps you can carry the loss back....good luck.

Deback (talk|edits) said:

March 30, 2009
"You don't say why the rollover was not valid?"

I'll take a guess -- Because the IRA was rolled over into P's pockets and not into a legitimate IRA Rollover account?

I agree, though. If they have to claim the "IRA rollover" as an IRA distribution, there might be a theft loss they could claim to offset the income.

IRS4LIFE (talk|edits) said:

31 March 2009
Bingo, Deback. Is there any way to offset or avoid the taxation of the distribution? There is almost no income to offset with the loss.

IRS4LIFE (talk|edits) said:

2 April 2009
friendly bump

Death&Taxes (talk|edits) said:

2 April 2009
Your problem is probably that events happened in different years?

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