Recognizing Investment Losses

Recognizing Investment Losses

The rules that regulate the securities industry and investment firms when they are investing other people's money and advising investors are extremely complex and most are written in another "language." An experienced lawyer should consulted if your broker is not answering your questions or if you feel he is not operating with your best interests in mind at all times.

When recognizing investment losses, for example, there are rules about purchasing a security that is substantially identical to one that you wish to take a loss on for tax purposes.

  • Your broker should be knowledgeable about these rules and should not be making decisions for your investments that are going to adversely affect your taxes.
  • You can invest in a company based on its P&L, only to find out that the apparent profit did not really exist and the significant losses were deferred.

In other words, through misrepresentation/omission, you were deceived. The NOP myth is not shattered until you have lost your investment.

What Are Some Common Types of Investment Losses?

Some common types of investment losses include: 

  • Short-term loss: This occurs when an investment is sold for less than its purchase price within one year of acquiring it.
  • Long-term loss: Similar to a short-term loss, this happens when an investment is sold for less than its purchase price, but after holding it for more than one year.
  • Market value decline: Investments can experience losses due to overall market downturns, economic factors, or industry-specific challenges.
  • Fraudulent schemes: Investments can suffer losses as a result of fraudulent activities such as Ponzi schemes, pyramid schemes, or misleading investment opportunities.
  • Mismanagement by financial advisors: Losses can occur when investment professionals make poor decisions, fail to diversify portfolios appropriately, or engage in excessive trading.
  • Sector-specific losses: Certain industries or sectors may face challenges, resulting in investment losses. For example, technological advancements may negatively impact traditional industries.
  • Currency fluctuations: Investments denominated in foreign currencies can be affected by exchange rate fluctuations, leading to losses when converting back to the investor's currency.

It's essential to consult with a financial advisor or conduct thorough research to understand the risks associated with specific investments and take appropriate measures to manage and mitigate potential losses.

Contact The Law Offices of Jonathan W. Evans & Associates to discuss your options.


We live in a very complex world. The investment industry has grown to mega-sizes and along with that growth, a massive and complicated system of policing has also grown. It can be very difficult to understand unless you have grown with it. For over 35 years The Law Offices of Jonathan W. Evans & Associates have been helping and protecting investors from fraudulent misconduct on the part of brokers and financial advisors. They have a depth of knowledge of the securities industries and the rules and regulations that accompany it that is essential on the part of your legal representative.

If you have any concerns the methods of your brokerage firm or advisors, if you feel uneasy with the management of your investments but can quite figure out why, you should speak with an attorney at our firm as soon as possible. We can help you to understand the basics and we know what questions you should be asking your broker if you don't.

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