The Ponzi Clawback and the Value of the Mitigation Procedure
A Ponzi scheme clawback of profits is typical in many Ponzi schemes. Ponzi scheme trustees appointed to achieve fairness among defrauded investors have successfully recovered billions of dollars from Ponzi scheme investors who withdrew funds from the scheme even though there were indeed no real profits at all in a Ponzi scheme. Everyone but the promoter eventually loses money. The promoter usually goes to jail and losses money. Those investors lucky enough to have escaped the Ponzi fraud and taken their profits early in the scheme remained profitable until the trustee “CLAWED BACK” their false profits. A Ponzi scheme clawback is accomplished when a trustee obtains refunds from those who benefitted from the early profits distributions by the Ponzi scheme. This video reviews how clawbacks of Ponzi scheme profits from the innocent investor who first benefitted from the scheme can receive a unique treatment from a tax standpoint. This is because of a special Internal Revenue Code Section that applies to clawed back profits.
Richard S. Lehman, Esq.
United States Taxation and Immigration Law, LLC
Richard S. Lehman, Esq., has established a sophisticated private practice focusing on United States Tax Law. His background, education, and experience has distinguished him in this complex field. A published author and noted speaker, Mr. Lehman has carved a reputation as a powerful client advocate.
Richard S. Lehman, Esq., is a graduate of Georgetown Law School and obtained his Master’s degree in taxation from New York University.
He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney of the Interpretative Division in the Chief Counsel’s Office of the Internal Revenue Service in Washington D.C., the IRS’s internal law firm.
Mr. Lehman has been practicing in South Florida for nearly 40 years. During his career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.
Mr. Lehman has had extensive experience with all areas of the Internal Revenue code that apply to American taxpayers and nonresident aliens and foreign corporations investing or conducting business in the United States, as well as U.S. citizens and domestic corporations investing abroad.
A one-time partner in one of the nation’s largest law firms, Mr. Lehman has found that practicing on his own matches his client’s entrepreneurial spirit.
Richard has a national reputation for handling the toughest tax cases, structuring the most sophisticated income tax and estate tax plans, and defending clients before the Internal Revenue Service.
Richard S. Lehman has established a sophisticated private practice focusing on tax law. His background, education, and experience has distinguished him in this complex field. A published author and noted speaker, Mr. Lehman has carved a reputation as a powerful client advocate.
Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of “A Guide to Florida International Business and Investment Opportunities,” an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.
Mr. Lehman’s articles include numerous areas of tax law, including the following ( Entire library of articles can be found here):
“Ponzi Scheme Tax Losses“, BNA, Tax & Accounting, 23-pages, Download pdf here
Tax Planning for Foreign Investors Acquiring United States Real Estate Investments
These articles are available in 8 languages included: English, Portuguese, Chinese, Deutsch, Francais, Italiano, Russian, Espanola. View articles here.
Estate Selling Expenses Can Give Double Tax Benefit Through Use of an Inter Vivos Trust, Estate Planning, Vol. 2, No. 4
“The United States – A Tax Free Warehouse Center for Foreign Sales Corporation,” Lawyer of the Americas, Vol. 8, No. 1
“The Tax Reform Act of 1975 and the Foreign Tax Area,” 8 Lawyer of the Americas, No. 2
“The type of Income Approach to NRS Withholding,” U.S. Taxation of International Operations, Prentice Hall
“Revenue Ruling 74-550 and Motors Insurance Corporation vs United States, The Relationship of Code Section 172 and 902,” Tax Law Review, Vol. 32
“Federal Estate Taxation of Non- Resident Aliens,” Florida Bar Journal, October; Chapter XIV
“Domestic Tax Consequences of Licensing,” in Licensing in Foreign and Chapter XIV
“Domestic Tax Consequences of Licensing,” in Licensing in Foreign and Domestic Operation, 1976, by Lawrence J. Eckstrom
“Tax Planning – The Export of Goods to the United States,” Taxation Section of the Lawyer of the Americas.
CLE accredited Tax Law Courses for Florida Attorneys – presented by Richard S. Lehman, Esq.
Mr. Lehman believes in sharing his knowledge to those who are interested in the complex topic of United States taxation. These CLE credits are offered at no cost and are available on-demand to all who would like to learn more.
IRS New Streamlined Filing Compliance Procedures
The IRS makes changes to the offshore bank and foreign asset disclosure programs. View this presentation and resources here.
Taxation of the Clawback in a Ponzi Scheme – Maximum Tax Recovery. View this presentation and resources here.
The IC-DISC and United States Tax Benefits for Exporting
Now updated to included computer software and internet sales and licenses. View this presentation and resources here.
Tax Planning Techniques for the Foreign Real Estate Investor (ADVANCED COURSE ) View this presentation now.
Ponzi Scheme Tax Loss
How to best secure a tax refund from Ponzi Scheme losses. What you need to know about theft losses. View all resources and on-demand presentation here.
United States Taxation of Foreign Investors (General Overview)
A basic introduction to the tax laws of the United States as they apply to the foreign investor. View all resources and on-demand presentation here.
Pre-Immigration Income Tax Planning
The immigrating Non Resident Alien must prepare for a tax life as a Resident Alien. This means taking advantage of all of the tax deductions and tax investment incentives offered by the U.S. Tax Code. It may actually mean leaving certain of the taxpayer’s foreign investments in place. This is also the subject of a separate article on the Taxation of Immigrating to the United States. View all resources and on-demand presentation here.
Foreign Investment in U.S. Real Estate (The Basics)
Tax planning for the non-resident alien individual and foreign corporate investor that is planning to invest in United States real estate. View all resources and on-demand presentation here.
Lehman Tax Law also has an International Website: LehmanTaxLaw.nl
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