Zahirudeen Premji and Carol M. Premji - Page 24

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          Boulder.  Although the lawsuit was filed in July 1991, the facts            
          that formed the basis of that suit existed in 1990.9                        
               The success of the lawsuit may have depended on further                
          investigation, but that does not negate Mr. Premji's prospects of           
          recovery in 1990.  The test is whether the taxpayer had a                   
          reasonable prospect of recovery at the end of the taxable year in           
          which the loss is claimed, not whether the taxpayer had collected           
          enough information to successfully prosecute legal action.                  
          Qureshi v. Commissioner, T.C. Memo. 1987-153, affd. without                 
          published opinion 843 F.2d 1388 (4th Cir. 1988); see also Geisler           
          v. Commissioner, T.C. Memo. 1988-404, affd. without published               
          opinion 955 F.2d 47 (9th Cir. 1992).                                        
               Mr. Premji discussed the Amazing Enterprises suit and                  
          several other possibilities for investor recovery with an                   
          attorney in late February 1991.  He chose to pursue those avenues           
          of recovery and signed the attorney's retainer agreement in March           
          1991.  That he was willing to diligently pursue the lawsuit                 
          indicates that his prospects of recovery were reasonable rather             
          than remote or nebulous.  Mr. Premji embarked on his course to              
          recoup his investment before he filed his 1990 Federal income tax           
          return on April 15, 1991.  Hence, before he claimed his theft               

          9 A copy of the Amazing Enterprises suit complaint was made                 
          part of the record.  The suit was based on the Bank of Boulder's            
          alleged improper conduct in dealing with M&L's investors and in             
          handling checks presented for payment during the operation of the           
          ponzi scheme.                                                               





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