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Posted

Hi,
Employee of Sports Authority participated for a number of years in deferred compensation plan. FICA and Medicare was withheld from the deferred comp.

SA went bankrupt in 2016.  Deferred comp is a total loss.  Is there any type of tax deduction/writeoff on the personal federal tax return for the withholding and contributions?  If so, how?

Thank you.
Keith

Posted

This was not a 457(b) plan of a governmental entity requiring funding per IRC Section 457(g)?

Posted

My guess is that Sports Authority, as a for-profit enterprise, was not a governmental entity.

Wouldn't the deprived participant only be able to take a tax loss to the extent that after-tax money was involved?

Always check with your actuary first!

Posted

Oh, you meant Sports Authority the sporting goods store?  My bad; thought you were talking about a governmental sports authority.:D

Posted

There is no statutory authority that permits recovery for FICA assessed on NQ deferrals later not paid.  I think there were a couple of court cases on this as well.

 - There are two types of people in the world: those who can extrapolate from incomplete data sets...

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