Client will not benefit from NOL (whether passive or not) because of limited income, nor will he benefit from itemizing deductions. So, I am left with... going after the bank and its lawyers? Remember, client does not have money.
Everybody agrees that the IRS is right and that my client has to pay more than $100,000 in federal and state taxes, interest and penalties.
Did the client get a notice from the IRS charging tax, penalties and interest? Is the client creating an NOL in a different year because of claiming the theft loss? If the client reports the theft loss in a different year and creates an NOL, couldn't the client carry back the NOL to the year where the taxes are being assessed and get a refund of those taxes?