This is the fourth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article explains why an award of attorneys fees is included in a taxpayer’s gross income. Gross Income and Anticipatory Assignment. The Internal Revenue Code defines “gross income” broadly to include all economic gains not otherwise exempted. [...]

This is the third in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article identifies some of the things you can do to protect the character of the award. Allocate Damages. If a settlement agreement allocates the settlement payment among items taxable as ordinary income, items taxable as a [...]

This is the second in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article addresses the amounts that can be excluded from gross income. Amounts Excluded. Internal Revenue Code Section 104(a)(2) excludes from gross income compensatory damages: 1. Received through prosecution of a legal suit or action or through [...]

This is the first in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. The article addresses the initial question of whether these amounts are included in gross income. General Rule. The proceeds from a settlement or verdict are part of the taxpayer’s gross income, unless the taxpayer can prove that [...]