Elderly couple was swindled out of $2 million by daughter — now they have to pay taxes on the stolen money
A federal judge has blocked a more than $400,000 income tax refund claimed by elderly fraud victims, saying he regrets there’s nothing he can do by law but side with the IRS.
The Florida retirees were scammed out nearly $2 million by their daughter who is now convicted on felony charges including theft. She is serving a 25-year prison sentence. Anderson said the Gomases needed to hire an attorney to avoid legal trouble and Dennis Gomas’ potential arrest. She suggested a name and the couple sent her nearly $140,000 to hire the man. But the couple never met or communicated with the lawyer because Anderson was always the go-between. At one point, she created a bogus email address to pose as the lawyer, Barber said.
A lengthy stay at prison is “right where she belongs,” Barber said. But the judge said the current case hinged on “whether the victims of her fraud are required to pay federal income tax on the money she stole from them. Astonishingly, for the reasons explained below, they are.” “It’s treated the way as any other form of consumption, which is highly problematic. … You can’t take a deduction if you go on a cruise or any other type of entertainment. Now you don’t get a deduction if someone steals your money.”
The IRS disallowed the refund claim, saying the IRA and pension distributions were not deductible. The federal lawsuit came next. The cases didn’t apply because the Gomases were the ones choosing to tap those accounts, Barber said.
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