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Level 5
April 16, 2021

Can theft of retirement distributions be deducted as casualty and theft on 4684?

  • April 16, 2021
  • 4 replies
  • 28 views

My clients parents had their retirement distributions taken out weekly by their granddaughter fraudulently. It was reported to the police and their entire retirement was drained in a matter of 6 months without them knowing. The bank never notified them of suspicious activity and wouldn't do anything about it. Now the IRS has billed them over 10K for those distributions they never authorized. My client contacted the IRS and they said there's nothing they can do. They also sent a letter saying this could possibly be a casualty and theft deduction on form 4684. How would that be reported? As an investment loss? Or is there something else that can be done.

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4 replies

sjrcpa
Level 15
April 16, 2021

It is a personal casualty or theft loss but these are not currently tax deductible.

Did they prosecute the **bleep** (female dog)?

 

The more I know the more I don’t know.
eaf1213Author
Level 5
April 17, 2021

They didn't get anywhere with prosecuting because the bank wouldn't release the recorded transfers. 

Level 3
April 17, 2021

The bank won't release the bank transfers to the police?

That doesn't sound right. The Detective has criminal subpoena power.

Was a police report filed?

 
sjrcpa
Level 15
April 16, 2021

If this was their life savings and they do not have the ability to pay the tax, they may be eligible for an Offer in Compromise to reduce the amount owed.

The more I know the more I don’t know.
eaf1213Author
Level 5
April 17, 2021

How do you go about doing the Offer in Compromise? The only income they have now is social security. 

IRonMaN
Level 15
April 16, 2021

I'm just curious - how did the granddaughter manage to pull the money out?

Slava Ukraini!
eaf1213Author
Level 5
April 17, 2021

She would call and pretend to be her grandma and request a transfer each week. When they filed a police report they requested the recorded phone calls of the transfers and the bank would not give them. 

BobKamman
Level 15
April 16, 2021

What year did this happen?  What year did they discover it?

eaf1213Author
Level 5
April 17, 2021

2017-2018. They discovered it in middle 2018. Then the bank never sent them a 1099-R for 2018 because it was under investigation but they ended up sending one to the IRS.

BobKamman
Level 15
April 17, 2021

Sounds like a CP2000 issued last year.  IRS sent a notice of deficiency, they did nothing in 90 days?