It is important that the taxpayer learn about what is called the “mitigation section”.
This is internal revenue code section 1341 that permits one type of the clawback payment to be taken as an ordinary income deduction in the year in which the clawback income was originally taxed even if the year is closed by the statute of limitations; while another type of clawback payment may be deductible only in the year of payment.
The taxpayer needs to know how to deal with "tax losses" from the clawback payment and how those losses can best be used, either to receive a refund from taxes paid in the past; or a "carry forward" of those losses to offset future income.
Watch this entire presentation on-demand. The video and all resource materials are offered to everyone for free, and can be found here: https://www.lehmantaxlaw.com/taxation-of-ponzi-clawbacks/
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