IRS: Stolen property is income unless you return it the same year – NewsNation Now

BIRMINGHAM, Ala. (WIAT) Images circulating on social mediapurport to show an IRS guideline asking taxpayers to report the value of any property they have stolen each year as income.

The guideline is real.

The Internal Revenue Services Publication 17,available on the agencys website, contains a section on stolen property that may leave readers scratching their heads.

If you steal property, you must report its fair market value in your income in the year you steal it unless you return it to its rightful owner in the same year, the guideline states.

The issue of reporting illicit income to the government has raised questions before even in the nations highest court.

In the 1927caseUnited States v. Sullivan, the US Supreme Court considered whether prosecuting criminals for evading taxes on illegal income violated the Fifth Amendment, the provision of the Bill of Rights that protects against self-incrimination.

In that case, a South Carolina bootlegger challenged his conviction on federal charges on the grounds that he could not be required to incriminate himself by declaring illegal income.

In aunanimous opinion, Justice Oliver Wendell Holmes Jr. rejected that argument.

Nearly a century later, thatcourt opinionstill stands. Since then, many criminals have been convicted for tax evasion in a similar manner, includingAl Caponein 1931.

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IRS: Stolen property is income unless you return it the same year - NewsNation Now

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