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FTX Resolves $24B Tax Dispute with IRS and Latest Legal Developments

Jun 6, 2024

FTX and IRS Reach Tax Settlement

An agreement has been reached between FTX, a bankrupt crypto exchange, and the United States Internal Revenue Service (IRS) to settle a $24-billion tax dispute. Initially, the IRS claimed an amount exceeding $44 billion from FTX, which was later reduced.

The finalized settlement is pending court approval of FTX's reorganization plan. According to the restructuring details, the IRS would resolve the $24-billion claim by receiving $200 million as priority tax claims within 60 days of plan approval and $685 million as a subordinated claim, to be paid after other creditors. This settlement encompasses all tax claims until October 31, 2022.

FTX views the settlement as a means to reduce litigation risks and enhance certainty regarding creditor and customer recovery. While acknowledging the tax obligations, FTX disputes the amount owed and reasons for the liability.

FTX contends that it should not be taxed on funds allegedly misused by former CEO Sam Bankman-Fried. Additionally, FTX disagrees with the IRS' calculations on employment taxes related to salaries paid to Bankman-Fried and other executives. The exchange asserts that it has valid deductions and losses that the IRS is unjustly disallowing due to inadequate documentation.

Despite FTX's arguments, the IRS is prepared to proceed with pursuing tax liabilities in court.

On May 8, FTX presented a new plan to repay creditors, with the aim of fully reimbursing all claims with additional compensation. Creditors holding claims below $50,000 are set to receive a 118% recovery, covering the vast majority of FTX's creditors. Repayments will be based on asset values at the time of FTX's collapse in November 2022.

FTX's Downfall and Legal Ramifications

FTX, once a leading crypto exchange platform, gained prominence through strategic acquisitions and aggressive marketing initiatives. However, the decline in cryptocurrency prices in late 2021 led to FTX's downfall. Reports exposed financial vulnerabilities, including significant liabilities compared to assets and questions about fund management.

The unraveling began when FTX's major competitor, Binance, announced the sale of FTT tokens due to concerns over fund mismanagement. This triggered a crisis, with customers withdrawing funds and FTX failing to cover the resulting gap despite efforts such as blocking withdrawals and seeking emergency financing.

As a result, FTX declared bankruptcy, attributing its collapse to financial mismanagement and mishandling of deposits.

Former FTX CEO Sam Bankman-Fried's Legal Troubles

Former FTX CEO, Sam Bankman-Fried, faces legal challenges following convictions related to the misuse of customer funds at FTX and Alameda Research. Bankman-Fried was sentenced to 25 years in prison in March, prompting appeals from his legal team.

Bankman-Fried's return to the Metropolitan Detention Center (MDC) in Brooklyn after a brief transfer to Oklahoma highlighted ongoing legal proceedings. While some associates have pleaded guilty, Bankman-Fried has maintained his innocence and opted for a jury trial.

The closure of the United States Securities and Exchange Commission's (SEC) Salt Lake Regional Office signals legal shifts in the wake of a dismissed civil lawsuit against Digital Licensing (DEBT Box). Despite setbacks, the SEC remains active in pursuing enforcement actions against various crypto firms.

For further updates, stay tuned for more legal developments in the crypto and financial industry.

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