In Wake of Madoff Scam, IRS Releases Guidance for Victims of Ponzi Schemes
In order to address the considerable losses incurred by investors in recent Ponzi schemes, the IRS released guidance on two potential ways to reduce losses in the event of a “specified fraudulent arrangement.” The guidance is contained in Rev. Rul. 2009-9 and Rev. Rul. 2009-20, as well as an IRS FAQ. In general, losses may be recovered as theft losses under Code Sec. 165 and may be carried back to prior years to the extent a Net Operating Loss (NOL) is created. The guidance also provided for certain safe harbor calculations for computing the amount of the theft loss.
The guidance is designed to “assist taxpayers who are victims of losses from Ponzi-type schemes,” said IRS Commissioner Douglas Shulman. While not exclusively addressing the recent Madoff case, the Commissioner did say that the case raised a “staggering array of issues for victims,” and the guidance helps provide a “straightforward” approach.
Victims of fraud should consult their tax accountant or attorney to discuss potential recourses and ways to minimize loss.
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