- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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