- 32 - recovered their initial “investments” during the same taxable year as the Ponzi distributions. In the exceptional case, Parrish, the taxpayer, an officer and director of the scheme’s corporate vehicle, did not introduce evidence to show either the amounts he invested or received, nor did he prove he was a victim of fraud. In two other cases, the taxpayers had not recovered their initial investments during the same tax year as the Ponzi distributions. Greenberg v. Commissioner, T.C. Memo. 1996-281; Taylor v. United States, 81 AFTR 2d 98-1683, 98-1 USTC par. 50,354 (E.D. Tenn. 1998). In those cases, the courts held that the distributions were a return of investment funds, not income. In Greenberg, the taxpayers transferred funds to a Ponzi scheme that purported to be a legitimate mortgage company. The taxpayers were passive investors and were paid monthly payments from the company’s bank account. They presented sufficient evidence to establish that the amount they received did not exceed the amount they paid. This Court found that the payments the taxpayers received were not interest because the payments were not compensation for the use or forbearance of money. See Deputy v. duPont, 308 U.S. 488, 498 (1940) (interest is compensation for the use or forbearance of money). Instead, we found that the payments constituted nontaxable return of capitalPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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