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Internet Scam Loss In 2024

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    Internet Scam Loss In 2024

    Is it correct a taxpayer (not a business) who lost $196000 in 2024 to an internet scam cannot take a tax deduction on Form 4684 as stated in IRS Topic No. 515?

    Topic no. 515, Casualty, disaster, and theft losses

    Personal casualty losses are losses from casualty, disaster, and theft that are not connected to a trade or business, or a transaction entered into for profit. Generally, if the loss is caused by a federally declared disaster, you may deduct personal casualty losses relating to your home, household items, and vehicles on your federal income tax return. For tax years 2018 through 2025, personal casualty losses are otherwise not deductible. A theft loss deduction is generally available, however, if the loss is due to theft related to a transaction entered into for profit. You may not deduct casualty and theft losses covered by insurance, unless you file a timely claim for reimbursement, and you reduce the loss by the amount of any reimbursement or expected reimbursement.

    #2
    Can Form 8886 be used in this to create a tax deduction?

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      #3
      Maybe your client falls under section 165(c)(2), which relates to transactions entered into for profit.

      Generally, federal courts have held that taxpayers fall within section 165(c)(2) if they enter into a transaction with the primary intent of making a profit. Because this determination is based on the particular facts and circumstances, whether a taxpayer may claim a section 165(c)(2) theft loss for internet-related fraud under the scant authorities mentioned above would depend, at least in many material respects, on the type of fraudulent scheme.

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        #4

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          #5
          Tax Notes is the first source of essential daily news, analysis, and commentary for tax professionals whose success depends on being trusted for their expertise.

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