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How do tax deductions work when donated artifacts turn out to be stolen? Hobby Lobby case raises questions

So I've been reading about this interesting tax situation with a major retail chain that's known for crafts. The Green family (who owns this retail chain) also owns a religious museum. Here's the setup: the retail company buys ancient artifacts, gets them appraised (usually for significantly more than purchase price), then donates them to their own museum for a tax deduction. What caught my attention was a recent development where they won a default judgment against a former professor who allegedly sold them around $8.5M worth of stolen artifacts. These items have all been returned to their rightful owners, and the court ordered the professor to repay the full amount to the company. From what I understand, some of these questionable items had already made their way into the museum's collection. According to public statements from the family, they typically look for a 3x valuation increase when donating items. My question is about the tax implications: If they claimed a tax deduction of roughly $25.5M (based on the 3x appraisal value) for these donated items, but later had to return the items because they were stolen, do they still get to keep that massive tax deduction? And does this get even more complicated considering they're also being repaid the original $8.5M purchase price? This seems like a potential tax loophole and I'm curious how the IRS handles these situations.

CosmicCadet

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Looking at this from another angle - there's a bigger issue with how these high-value artifact/art donations work. The whole "buy for X, appraise for 3X, then donate" approach seems problematic regardless of whether the items were stolen. The IRS has been cracking down on art donation schemes for years. They have special rules for donations over $5,000 and even stricter ones for donations over $500,000 - including requiring a qualified appraisal and attaching a complete appraisal report to the tax return. I wonder if the Green family's donations have been scrutinized under these rules? The IRS Art Appraisal Services unit specifically looks at high-value art and artifact donations because of the potential for abuse.

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Chloe Harris

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Good point. I read somewhere that donations of art/artifacts over $50k can trigger automatic review by the IRS Art Advisory Panel, which is made up of outside experts who determine if the claimed value is reasonable. I wonder if these donations went through that process?

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CosmicCadet

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You're correct about the Art Advisory Panel - they automatically review any artwork valued at $50,000 or more per item that's donated. For very high-value donations (which these certainly were), the Panel brings in outside experts in the specific type of artifact to evaluate the appraisals. Additionally, when there's a related-party transaction like this (same family owning both the business and the museum), the IRS applies extra scrutiny. They look for what's called "private benefit" - where the charitable donation primarily benefits the donor rather than serving a true charitable purpose. The fact that the Green family controls both entities would definitely raise flags in an IRS review, particularly with the 3x valuation pattern they apparently seek.

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I'm surprised nobody mentioned Form 8282 "Donee Information Return" yet. If the museum sold or disposed of the donated property within 3 years, they would have been required to file this form reporting the sale price back to the IRS. This form is specifically designed to catch inflated appraisals - if someone donates something claiming it's worth $10 million but the receiving organization turns around and sells it for $2 million, the IRS gets notified of the discrepancy. In this case though, since the museum kept the items (until they had to be returned), this reporting requirement probably wouldn't have been triggered.

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That's a good point about Form 8282. But I think there's another form at play here too - the museum would have had to file Form 8283 with their original appraisal information. That form requires signatures from both the donor AND a responsible person at the receiving organization AND the appraiser. So everyone involved is essentially certifying the claimed value. If the items later turn out to be stolen, I wonder if that exposes all three parties to potential penalties for filing false information?

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Ella Lewis

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@Anastasia Popova You raise an excellent point about Form 8283 and the multiple party signatures. However, penalties for false "information typically" require intent or gross negligence. If the parties genuinely believed the items were legitimate based on reasonable due diligence at the time, they might not face penalties even if the items later proved to be stolen. The IRS would likely focus more on whether proper appraisal procedures were followed and if the claimed values were supportable, rather than penalizing parties who were unknowingly deceived about provenance. That said, the IRS does expect donors and receiving organizations to exercise reasonable care in verifying authenticity, especially for high-value artifacts from regions known for trafficking issues. The bigger exposure is probably the recapture of tax benefits rather than fraud penalties, unless there s'evidence that any party knew or should have known about the stolen nature of the items.

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Has anyone had to file an amended return because of a corrected 1099? I'm in a similar situation but I already filed my taxes last week, and now I'm seeing that my 1099-DIV from Schwab might have some errors. Will the IRS automatically flag this or should I be proactive and file an amended return?

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You should definitely file an amended return using Form 1040-X once you receive the corrected 1099. The IRS will likely catch the discrepancy through their matching program, but it's better to be proactive than to wait for a notice. The good news is that if the correction results in you owing more tax, as long as you file the amendment before the IRS contacts you about it, you'll typically avoid any accuracy-related penalties. You might still owe interest on any additional tax, but that's usually minimal if you amend quickly.

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Nora Bennett

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I dealt with a similar Robinhood 1099 issue last year. One thing that helped me was downloading my full transaction history from Robinhood's web platform (not just the monthly statements) and doing a line-by-line comparison. Sometimes the discrepancies come from how they categorize certain transactions or handle stock splits. Also, make sure you're looking at the right boxes on the 1099 - qualified dividends vs ordinary dividends are reported separately, and sometimes what looks like an error is just dividends being split between different categories. If you find a genuine error after double-checking everything, Robinhood's tax support team is actually pretty responsive during tax season. I got my corrected form in about 10 business days. Don't stress too much about the audit risk - 1099 corrections are extremely common and the IRS expects them. Just make sure you file with the correct information once you have it.

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Sarah Jones

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bruh the waiting game is killing me fr fr

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same boat fam 😩 need this money yesterday

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Filed mine on Jan 31st and still waiting too. From what I've seen on Iowa's website, they're processing pretty consistently within that 14-21 day window for e-files. Hang in there everyone - should be seeing more refunds hit accounts this week based on the timeline!

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Has anyone dealt with the K-1 vs W-2 issue as a founder? My company started classifying me as a partner last year after raising our Series A, and I got a K-1 instead of a W-2. The quarterly estimated tax payments are killing me, and I wasn't prepared for the full self-employment tax hit.

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Carmen Ruiz

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I went through this exact thing. If you have a K-1, you'll need to make quarterly estimated tax payments (federal AND state), plus you're paying both halves of Social Security and Medicare taxes. It's roughly an extra 7.65% you're paying compared to being a W-2 employee.

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I'm a tax attorney who's dealt with many founder classification cases. Your co-founder cannot unilaterally change your employment status, especially when you have a signed employment agreement. This is a common tactic to shift payroll tax burden from the company to the individual. The IRS uses a multi-factor test to determine worker classification, focusing on behavioral control, financial control, and relationship type. Based on your description - fixed salary, specific job title, limited decision-making authority, and formal employment agreement - you're clearly an employee under IRS guidelines. If your co-founder insists on this change, I'd recommend getting a written determination from the IRS using Form SS-8. This gives you official classification that protects both parties. Also consider that misclassification can trigger penalties and back taxes for the company, plus you could lose certain employment protections and benefits. Don't let him pressure you into taking on additional tax liability without proper legal review of your agreements and circumstances.

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IRS "Action Required" Message for 2023 Head of Household Return - Still Under Review Since April With No Timeline

I filed my 2023 taxes back in April as Head of Household and was expecting a decent refund. When I checked the Where's My Refund tool yesterday, I got this weird 'Action Required' message saying they received my return but are reviewing it. The message showed: "Action Required Please read the following information related to your tax situation. You may need to provide additional information to receive your full refund. We received your tax return and are reviewing it. If we need additional information, we'll mail a notice with further instructions. If you've already received a notice, please follow the instructions. If we determine no additional information is needed, we'll continue to process your refund." It also showed my "Tax Year" as 2024 and "Filing Status" as "Head of household" with an "Expected refund amount" section (though no actual amount was displayed). There was also an option to "Select another year" at the bottom. Has anyone else seen this screen? How long did it take to resolve? It's already mid-July and I'm getting anxious cause I need that money for some bills coming up. I check WMR every day but nothing changes. Does this mean they're going to audit me or is this just a standard delay? I'm worried because I really need this refund to cover some upcoming expenses. The fact that it says they might mail something makes me nervous since mail can take forever.

Evelyn Xu

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Urgh, I hate when this happens. The IRS is holding our money hostage and can't even tell us why without making us wait for some letter that may or may not even arrive. This is my third year in a row dealing with delays. The system is broken beyond belief.

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I feel your frustration! I went through something similar last year and it turned out to be an automated review for Head of Household filing status. The IRS has been extra cautious about HOH claims lately because of fraud. In my case, they just needed to verify that I actually qualified for HOH status - had to provide documentation showing I supported a qualifying person and paid more than half the household expenses. The whole process took about 6 weeks from the initial "Action Required" message to getting my refund. Try not to panic - it's likely just a routine verification and not an audit. Keep checking your transcript online as others mentioned, and if you don't get a letter within 30 days, definitely call them directly.

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