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Because the difference between being able to claim a $60,000 loss and not being able to claim it may be worth some economic risk.

Staying away from the point of your post, because it gets beyond my comfort level in such things as intent, substance, etc., I'll just point out that there's no $60,000 nondeductible loss in any case, IIRC. That number wasn't a tax number and included such things as mortgage payments, the bulk of which will be deductible as interest regardless.

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