If two people buy the same amount of stock from the same company and the company is later convicted of an accounting fraud, they may not get the same deduction, said Chambers.
“Someone buying that stock directly from the company gets the full amount of the fraud loss, whereas someone buying that stock through the market or through a stockbroker gets a capital loss, limited to $3,000 a year in excess of capital gains,” she said. “This is because for a theft to exist, most state laws require ‘privity’ or an intent by the seller to defraud the buyer and the stockbroker or market did not intend to defraud the buyer, they were just an unwitting enabler.”