Summary
A loss that qualifies for tax treatment under Section 165 frequently qualifies for a large deduction. This may result in a large refund or eliminate taxable income for years to come. Claiming a large deduction or eliminating taxable income sometimes triggers IRS oversight. A Section 165 theft-loss deduction can be more advantageous than a mere capital loss. What constitutes theft and what evidence supports criminal intent under Section 165 is an extensive and complicated topic. The theft-loss deduction is limited to the tax basis of the investment, which is generally the amount of the investment in a property, minus previous write-offs, depreciation, amortization or depletion, plus any commissions or transaction costs. A loss attributable to theft is deductible in the year when it is discovered by the taxpayer.
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Extract
Tax Benefits of Irc Sec. 165
The deduction for theft losses related to nonbusiness, for-profit transactions is one of the best-kept Internal Revenue Code secrets-and a tool that tax professionals can use to provide significant tax relief for their injured investor or taxpayer clients.
SEC.165:THE MISUNDERSTOOD DEDUCTIONNumerous technical requirements must be met before a taxpayer's loss qualifies for sec. 165 treatment. And in most instances, tax preparation so...See the full content of this document
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