Crypto Scam

[Skylane]

One of my chronically late filers just called... I imagined it would be his annual dance and excuses;  'sorry i haven't gotten my stuff to you but I'm working on it '....    It was... but his excuse this time was he got caught up in a crypto scam and got soaked for about 500K.... sucks.... 

(Q1) As he told me his tale of woe he also mentioned that 100k came out of his IRA and he'd also have to pay tax on it in 24.   This all went down in June or early July.... so we're going to contact the trustee and see if they'll accept and reinstate the funds to his IRA using Rev Proc 2016-47 https://www.irs.gov/pub/irs-drop/rp-16-47.pdf unless anyone has any better ideas.

(Q2)  My recollection is that tax cuts and jobs acts did away with the deduction for financial scams.  Is there something I'm not aware of? 

[Terry53029]

 For tax years 2018 through 2025, individual taxpayers with theft losses are allowed a deduction if the loss is due to theft related to a transaction entered into for profit. There are special rules if it is a Ponzi schemes. You should research carefully to help your client.

See link. https://www.law.cornell.edu/uscode/text/26/165

[PATAX]

I think there was a similar post(s) on this forum before. See if forum's search engine helps. 

[Skylane]

thanks. Rev Proc 2009-20 should fit... will look into it