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Monday, March 25, 2013

Tax Treatment of PFGBest Losses

Our friends at DeCarley Trading are reminding Ex-PFG clients to be sure to properly claim the fraudulent losses on your tax return......

Many of you have been asking about the tax treatment of losses sustained at the hands of PFGBEST. Please see below statement from the CCC:

The IRS has confirmed that victims of the PFGBest fraud can access the optional safe harbor mechanism set forth in Revenue Procedure 2009-20 so that victims can claim their losses as theft losses. Responding to the CCC’s request for guidance, the IRS stated in a letter:

…the PFGBest scheme qualifies as a “specified fraudulent arrangement” within the meaning of Revenue Procedure 2009-20. Thus, investors who otherwise meet the requirements of Revenue Procedure 2009-20 may use the safe harbor, following the procedures as set forth in that revenue procedure.

The full response is posted below, along with the documents necessary to utilize this mechanism. Please note: it is not required that PFGBest victims use this procedure. It may not provide the best solution for your particular tax situation. Claimants in the PFGBest case are urged to consult their tax professionals as soon as practicable to determine if it is appropriate and wise to seek relief under the safe harbor deduction for theft losses. You may need to provide the following documents to your tax advisor:

IRS Response to CCC
Revenue Ruling 2009-09: PDF Version
Revenue Procedure 2009-20:PDF Version
CCC Request to IRS CCC Request to IRS
Wasendorf Plea Agreement Wassendorf Plea Agreement
Wassendorf Judgement Wassendorf Judgement

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