Tax in Action: Practical Strategies for Tax Pros

From Discovery to Deduction: Modern Theft Loss Rules Explained


Listen Later

Jeremy explores the complex world of theft loss deductions, examining how digital asset scams have renewed interest in these tax provisions under the Tax Cuts and Jobs Act. The episode breaks down the three key criteria for claiming theft losses, explains why timing of discovery matters more than when the theft occurred, and analyzes five modern scam scenarios from IRS Chief Counsel guidance including pig butchering schemes and romance scams. Jeremy concludes with a fascinating 1984 court case involving Civil War veterans' land rights that shows even tax court judges can disagree on fundamental questions of tax law.

Sponsors
SafeSend - taxshow.promo/safesend


  • (00:00) - Introduction: Digital assets spark new interest in theft losses
  • (03:00) - The three types of losses under IRC Section 165
  • (08:00) - Three criteria for claiming a theft loss deduction
  • (13:00) - When discovery matters more than when theft occurred
  • (19:00) - State law defines theft for federal tax purposes
  • (25:35) - Simple disappearance is not theft
  • (28:35) - Casualty losses vs theft losses: Key differences
  • (30:35) - Stock declines don't qualify as theft losses
  • (34:35) - Ponzi schemes get special safe harbor treatment
  • (42:35) - Five modern scam scenarios from IRS Chief Counsel
  • (54:35) - Reporting theft losses on Form 4684
  • (57:35) - The Booth case: When smart judges disagree
  • (01:03:35) - Wrap-up and final thoughts

  • Connect with Jeremy
    https://www.linkedin.com/in/jwellstax
    https://www.steadfastbookkeeping.com

    Subscribe on YouTube
    https://www.youtube.com/@TaxinAction

    Earn CPE for Listening to This Podcast
    https://www.earmark.app/

    This podcast is a production of the Earmark Media

    ...more
    View all episodesView all episodes
    Download on the App Store

    Tax in Action: Practical Strategies for Tax ProsBy Jeremy Wells, EA, CPA

    • 4.9
    • 4.9
    • 4.9
    • 4.9
    • 4.9

    4.9

    12 ratings


    More shows like Tax in Action: Practical Strategies for Tax Pros

    View all
    Your Money, Your Wealth by Joe Anderson, CFP® & Alan Clopine, CPA of Pure Financial Advisors

    Your Money, Your Wealth

    808 Listeners

    The School of Greatness by Lewis Howes

    The School of Greatness

    21,212 Listeners

    Tax Smart Real Estate Investors Podcast by Hall CPA

    Tax Smart Real Estate Investors Podcast

    421 Listeners

    Talking Tax by Bloomberg Tax

    Talking Tax

    112 Listeners

    NerdWallet's Smart Money Podcast by NerdWallet Personal Finance

    NerdWallet's Smart Money Podcast

    857 Listeners

    The Accounting Podcast by Blake Oliver & David Leary

    The Accounting Podcast

    332 Listeners

    Small Business Tax Savings Podcast by Mike Jesowshek, CPA

    Small Business Tax Savings Podcast

    253 Listeners

    The Long View by Morningstar

    The Long View

    907 Listeners

    Earmark Podcast | Earn Free Accounting CPE by Blake Oliver, CPA

    Earmark Podcast | Earn Free Accounting CPE

    27 Listeners

    Oh My Fraud by Caleb Newquist

    Oh My Fraud

    140 Listeners

    Federal Tax Updates by Roger Harris, EA and Annie Schwab, CPA

    Federal Tax Updates

    32 Listeners

    UnAccountable! by UnAccountable

    UnAccountable!

    28 Listeners

    The Mr. R Show by Chris Picciurro and John Tripolsky

    The Mr. R Show

    0 Listeners

    She Counts by Questian Telka, EA & Nancy McClelland, CPA

    She Counts

    15 Listeners

    Audit Smarter by Sam Mansour, CPA & Abdullah Mansour

    Audit Smarter

    0 Listeners