Legal Question in Tax Law in California

Tax liability on settlement income

I recently received income in the form of a settlement for bodily injury. I am precluded from discussing the details because of a confidentiality agreement. I have been told that this income is tax-exempt. Is this true?


Asked on 7/19/03, 2:47 pm

4 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Tax liability on settlement income

Yes, it is tax free! (At least something in life is). You can see the relevant provision of the Internal Revenue Code by oing to this link:

http://www4.law.cornell.edu/uscode/26/104.html. The relevant provision is section 104(a)(2).

I have been a tax lawyer for 24 years. I was 4 years with IRS Chief Counsel and hold the advanced degree of Master of Laws in Taxation (LLM) from Georgetown University. This help is free, but on bigger matters I do charge, but my fees are reasonable. I would appreciate your passing my name around.

Regards,

Wayne Wisong

Read more
Answered on 7/19/03, 2:59 pm
Joel Selik www.SelikLaw.com

Re: Tax liability on settlement income

It PROBABLY is not, but more detail is needed as to exact issues. A more interesting question is if you have to pay taxes on the attorney fees (assuming you paid a contingency fee).

Joel Selik

Attorney at Law,

Masters of Laws-Taxation (Ll.M.)

www.SelikLaw.com

www.TaxWorkOut.com

Read more
Answered on 7/19/03, 3:08 pm
Dan Lively The Lively Law Group, PC

Re: Tax liability on settlement income

If the entire amount of the award is for a physical injury this is true. How the settlement agreement or judgment is written is critical here.

Read more
Answered on 7/21/03, 1:54 am
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Tax liability on settlement income

My answer assumed that all you recovered was comp for bodily injury. If part of it was for lost wages or lost business opportunities, that part could be taxable.

Read more
Answered on 7/20/03, 1:12 am


Related Questions & Answers

More Tax and Taxation Law questions and answers in California