Legal Question in Tax Law in New York

settlements from personal injuries

a lump sum distribution by an employer to an employee for personal injuries in lieu of an action reached by a settlement taxable or excludeable from gross income under section 104.the settlement was reached for defamation of character and wrongful dismissal....


Asked on 1/25/00, 2:36 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: settlements from personal injuries

The answer to your question depends upon whether or not the settlement was in lieu of compensation and how and what components it included. Publication 525 from IRS (available on the internet - www.irs.ustreas.gov/plain/forms_pubs/pubs/p52503.htm describes what portions of court awards are taxable. These items include compensation for lost wages (the wrongful dismissal may constitute lost wages) and punative damages.

Depending how the settlement was worded

Walter

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Answered on 1/26/00, 10:57 am


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