Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Where Have All the Theft Losses Gone?

By Joshua Smeltzer & Admin on December 7, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
Tax Blog Image Theft

In November 2023, Gray Reed Tax Partners Joshua Smeltzer and Matthew Roberts authored an article titled “Where Have All the Theft Losses Gone?” published in Taxes: The Tax Magazine.

The article discusses whether taxpayers can deduct theft losses on their tax returns for 2018-2025 after new limitations were set by the 2017 Tax Cuts and Jobs Act (TCJA). Before the TCJA, claiming theft losses was relatively straightforward, with some restrictions. However, the TCJA suspended theft loss deductions in 2018-2025 except for losses due to a federally declared disaster.

There exist plausible arguments on both sides of this issue. Some assert that theft losses remain eligible as 1) business losses or 2) losses derived from profit-driven transactions, drawing support from prior IRS guidance. Moreover, the latter category of losses does not fall under the TCJA-imposed limitations on specific miscellaneous deductions. Conversely, others contend that the current language of the tax law significantly narrows the scope of permissible theft losses. Additionally, Gomas established a precedent by stipulating that these deductions were suspended under the TCJA from 2018 to 2025.

Amidst uncertainty over claiming theft losses, doing so now may risk tax penalties. However, a justifiable basis for claiming the loss might exist if tied to specific case circumstances and supported by IRS guidance. Seek professional assistance and disclose uncertain tax positions when claiming a theft loss.

To read the full article, click here.

Photo of Joshua Smeltzer Joshua Smeltzer

Board Certified in Tax Law by the Texas Board of Legal Specialization, Joshua Smeltzer focuses his practice on defending taxpayers in all stages of civil and criminal tax proceedings, including sensitive audits and examinations. Joshua frequently represents corporations, complex partnerships, family offices, estates…

Board Certified in Tax Law by the Texas Board of Legal Specialization, Joshua Smeltzer focuses his practice on defending taxpayers in all stages of civil and criminal tax proceedings, including sensitive audits and examinations. Joshua frequently represents corporations, complex partnerships, family offices, estates and trusts, and high-net worth individuals. His practice encompasses a variety of industries, with special expertise in real estate, energy, insurance, private equity, digital assets and blockchain technology.

Read more about Joshua SmeltzerEmailJoshua's Linkedin ProfileJoshua's Twitter Profile
Show more Show less
  • Posted in:
    Tax
  • Blog:
    Dollars & Sense
  • Organization:
    Gray Reed & McGraw LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo