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Home Real Estate Law

Window to the Law: Real Estate Wholesaling

Lucy Garcia by Lucy Garcia
February 16, 2025
in Real Estate Law
0

Editor’s Note: This is part of a monthly video collection from the National Association of REALTORS® to inform and educate contributors about the essential factors of being an actual estate professional. Watch for this series each month in RISMedia’s e-News. Frequent visitors of overdue night TV might also have seen classified ads about making “thousands and thousands” in real estate with speedy flipping properties for a better charge—an exercise known as wholesaling. Finally, watch the modern-day Window to the Law video from the National Association of REALTORS® (NAR) to analyze the real estate wholesaling business model and some of the capability prison pitfalls related to this practice.

Ell, your private home is lost, and Congress says immense good fortune. Whether you paid too much or the marketplace collapsed, it’s an individual loss, and you get no tax deduction. So the damage is 100 percent yours and yours alone. In this fourth installment of The Koch Papers, we’ll look at Bill Koch’s buying of a property to extend his Cape Cod holiday domestic and a deduction he then took on his personal earnings tax return. The case increases questions about the diligence of federal tax regulation enforcement, and whether or not, under Trump management, the IRS shows favoritism to Trump supporters.

William Ingraham Koch wanted to make his Cape Cod domestic holiday compound more prominent, a lavish property where he hosted a 2016 campaign fundraiser for Donald Trump. The Florida billionaire, whose primary internal is in Palm Beach six blocks from Trump’s Mar-a-Lago resort, desired the neighboring 26-acre estate a lot that, The Koch Papers show, he paid more than two times the $29.5 million appraised cost of the property.

 

How did Koch deduct -thirds of the cost of a personal residence? The key changed into shopping for the belongings not in his call but through a Limited Liability Company or LLC. Another key is that the IRS, which is focused on income. It doesn’t generally look at real estate ownership information.

The buy delivered 26 acres to Koch’s existing assets, such as a peninsula that gave him improved privacy. The bought is an impressive 7,000 square foot domestic, more significant than one thousand feet of waterfront with a seashore house, tennis courts, and extensive gardens. Sotheby’s, in a brochure known as the assets Koch bought, is “One of the giant parcels at the whole East Coast.” The 2013 Cape Cod actual estate deal became extensively said in courses protecting real estate and Boston area business.

Koch deducted all the $34.6 million top class he paid for the neighboring property. Then he deducted every other $8 million, the Koch Papers display. He did this, although Congress has enacted laws that explicitly deny losses on personal residences. The IRS turned informed of this illegal deduction in May 2018 in a whistleblower grievance filed by Charles Middleton, the former leader of the tax govt for Koch’s agency, Oxbow Carbon LLC. Middleton and his workplace prepared each of the agency’s and Koch’s non-public tax returns.

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Lucy Garcia

Lucy Garcia

I am a lawyer who is passionate about writing. I am currently working as a legal consultant at a leading law firm and also a contributor at a well-known blog. I like to write about my experience of being a lawyer and I hope people will benefit from my writing.

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