HCBA Lawyer Magazine Vol. 29, No. 4 | Page 58

seTTleMenT silver lining: reTaining TaX deFerred growTH Securities Section Chairs: Dominique Heller – Wiand Guerra King, P.A. & Scott Illgenfritz – Johnson, Pope, Bokor, Ruppel & Burns, LLP I magine you’ve been contributing to your Individual Retirement Account (IRA) for quite some time. Your account’s tax deferred status has allowed appreciation of its underlying investments to accumulate tax-free, highlighting the benefits of this particular investment vehicle. Now, lamentably, imagine this vehicle crashes, and the investments “sitting in the trunk” have depreciated to nothing. To exacerbate your frustration, you learn that the financial advisor in charge of driving your retirement vehicle has caused this metaphorical crash by mismanaging your account and 56 making the year of unauthorized receipt, thus trades. Using losing all your securities tax-deferred law expertise, growth that you seek to had accrued recover your in the losses from account. 1 But, the advisor, in 2007, the and a IRS addressed settlement is this quandary within sight. through What will several Private the tax Letter Rulings consequences (PLR). These of the letter rulings in doing so, the individual settlement be? have allowed avoids all the tax Shouldn’t the individuals consequences of the law take into who have account the sustained settlement and maintains loss of any losses in their the tax-deferred tax-deferred IRAs because growth you of a breach growth of the ira. would have of fiduciary enjoyed if duty, fraud, the crash had or federal or never occurred? state securities violations (such as Historically, the Internal payments made in consonance Revenue Service would require a with a court-approved settlement or defrauded IRA owner to recognize a settlement amount as income in Continued on page 57 MAR - APR 2019 | HCBA LAWYER