Reference no: EM13991316

Don was a senior vice president of a bank until its officials found he had embezzled more than $1,000,000. Don had set up fictitious checking accounts and deposited the funds into the accounts. He then created fictitious loans to himself. The embezzled money was used for personal purposes and to keep the fictitious loan pay- ments current. Thus, he created fictitious loans to make payments on prior fictitious loans. Don worked hard to keep the loans current so he would not be detected. Because of a tax audit, he is seeking your advice. If his embezzlement activity is a trade or business, he claims he should be able to deduct as an ordinary and necessary expense the payments on the loans to keep his actions secret. What advice would you give Don concerning his business and deductions? Explain.