How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 37824
Experience:  Retired (mostly)
Type Your Tax Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Are fees paid for a loan modification deductible, if the entity

Customer Question

Are fees paid for a loan modification deductible, if the entity ended up being a scam? I hope it's not considered a casualty loss.
Submitted: 6 years ago.
Category: Tax
Expert:  socrateaser replied 6 years ago.

The fees aren't deductable for a loan modification (unless they are points/interest), even if the entity is not a scam. If the deal was a fraud, then you can report it as a theft loss and deduct all of the fees in the year that you paid them.


If you are audited, the IRS will likely want to see that you reported the transaction to some law enforcement agency -- otherwise, it could deny your deduction as lacking sufficient corroboration. However, if you allege that the business took your money under false pretenses with the intent to permanently deprive, by never providing you with any services, then that is sufficient to satisfy the requirements of the deduction, even if the case is never prosecuted and even if the business operators are never arrested.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Related Tax Questions