News & Analysis as of

Settlement Agreements Internal Revenue Code (IRC)

Gray Reed

The Taxman, Technology Litigation and Cavalier Settlement Structures

Gray Reed on

Intellectual property (“IP”) is hugely important to businesses. Given that importance, IP owners must occasionally litigate against the unauthorized use of their technology. The costs of such litigation and appurtenant...more

Littler

Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement

Littler on

In Escano v. Innovative Financial Partners, LLC, a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9...more

Freeman Law

IRS Lacks Statutory Authority to Assess Certain Form 5471 Penalties

Freeman Law on

The recent Tax Court decision in Farhy demonstrates that clever and novel arguments can carry the day in complex tax litigation matters.  In that case, the taxpayer stipulated that he:  (1) had Form 5471 filing obligations...more

Goodwin

Biden Administration Issues Regulatory Freeze On New Agency Rules

Goodwin on

In this Issue. In one of its first acts after being installed on January 20, the Biden Administration issued a regulatory freeze on new agency rules that have been adopted but are not yet effective; in one of its final acts...more

Freeman Law

Are Lawsuit or Settlement Damages Taxable?

Freeman Law on

Taxpayers who suffer from physical injuries or physical sickness can generally take advantage of a special provision in the Code that makes such damages non-taxable. See I.R.C. § 104(a)(2). Generally, this can be an easy...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Syndicated Conservation Easement Transactions: Internal Revenue Service Announces First Settlement

The Internal Revenue Service (“IRS”) in an August 31st news release announced what it described as: . . . the completion of the first settlement under its initiative to resolve certain docketed cases involving syndicated...more

White and Williams LLP

Debt Forbearance/Settlement Agreements: One of the Most Important and Often Overlooked Clauses

White and Williams LLP on

The economic impact of the global COVID-19 pandemic will likely result in a considerable number of borrower defaults, workouts and debt restructurings. An often overlooked but significant consequence of debt modifications or...more

Jackson Lewis P.C.

No Tax Deduction For Sexual Harassment Settlements Subject To Confidentiality Provision

Jackson Lewis P.C. on

Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides:- No deduction is allowed for any settlement or payment related to sexual harassment or...more

Clark Hill PLC

A Properly Worded Settlement May Avoid Tax

Clark Hill PLC on

Last week, the US Tax Court issued a summary opinion holding that a taxpayer could not exclude settlement proceeds from gross income because the settlement agreement failed to contain any reference to physical injuries....more

Bond Schoeneck & King PLLC

#MeToo Meets the Internal Revenue Code

The “Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for the fiscal year 2018” a.k.a. the Tax Cuts and Jobs Act of 2017 (the “Tax Act”) will, among other things, likely...more

Whitman Legal Solutions, LLC

Why the Tax Cuts and Jobs Act May Not Always Help Sexual Harassment Victims

...Recently there has been public outrage over learning that a number of powerful individuals and institutions repeatedly had entered into confidential settlements of sexual harassment and sexual abuse claims (I’ll call both...more

Eversheds Sutherland (US) LLP

Party to a suit or agreement with respect to actual or potential violations of law?—Take notice: IRS issues transitional reporting...

On March 27, 2018, the Internal Revenue Service (IRS) issued Notice 2018-23 (the Notice), providing transitional guidance for parties to suits and agreements covered by sections 162(f) and 6050X of the Internal Revenue Code...more

BakerHostetler

New Tax Law Will Shape Future Environmental Settlements

BakerHostetler on

A minor provision concerning deductibility in Public Law 115-97, commonly known as the Tax Cuts and Jobs Act (Act), may have significant impacts on administrative and judicial settlements between companies and the U.S....more

Dentons

Time's Up For Tax Breaks On Secret Settlements

Dentons on

#TimesUp and #metoo has dominated the news cycle for months. With the public spotlight on the Harvey Weinstein, Matt Lauer, and Larry Nassar scandals, some people fear confidential settlement agreements may perpetuate sexual...more

Foley & Lardner LLP

New Tax Law Changes Deductibility of Government Settlement Payments in False Claims Act, SEC, FINRA, and Other Types of Cases

Foley & Lardner LLP on

The new tax law changed the deductibility of settlements with government agencies in some circumstances thereby increasing the cost to companies to settle these cases. The deduction arose from the section in the Internal...more

Morgan Lewis

Guide To The New Rules For The Deductibility Of ‘Misconduct’ Payments: Government- And Quasi-Government-Imposed Penalties, Fines,...

Morgan Lewis on

Recent US tax reform legislation P.L. 115-97, commonly known as the Tax Cuts and Jobs Act, made sweeping changes to when and how a taxpayer will be able to deduct payments made to settle claims of particular acts of...more

Holland & Knight LLP

Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

Holland & Knight LLP on

The recently enacted Tax Cuts and Jobs Act (the Act) contains a largely unnoticed provision worth the attention of human resources professionals and legal counsel who draft and implement settlement agreements and releases of...more

Latham & Watkins LLP

Tax Act Changes Deductibility of False Claims Act Payments

Latham & Watkins LLP on

The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount. Settlements under the False Claims Act (FCA), which often...more

Kelley Drye & Warren LLP

The Rising Cost of “Hush Money” – Congress Strips Tax Incentives for Sexual Harassment Nondisclosure Agreements

You can count Congress among the institutions caught in the ground swell of the #MeToo movement, and they’re using the tax code to prove it. Buried in the various changes of the new tax bill, Congress included Section...more

Dorsey & Whitney LLP

Employers Beware: Tax Law Change Eliminates Tax Deductions Relating to Certain Settlements

Dorsey & Whitney LLP on

The #MeToo movement has had far-reaching implications and appears to have influenced the new federal tax law. The legislation contains a provision that has received little attention but that may have serious, unintended...more

Ervin Cohen & Jessup LLP

New and Proposed Tax Legislation Present New Difficulties for Employers Attempting to Settle Sexual Harassment Claims

Most employers have heard of the Tax Cuts and Jobs Act, signed into law on December 22, 2017, and have contemplated what it may mean for them. What has been largely overlooked, however, is a denial of deduction buried deep in...more

Parker Poe Adams & Bernstein LLP

New Tax Law Prohibits Deduction for Sexual Harassment Settlements With Confidentiality Clauses

The new tax reform law contains a provision intended to address continuing concerns over sexual harassment in the workplace. Now employers that settle sexual harassment or sexual abuse claims with employees cannot deduct...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Tax Reform Bill Stifles #MeToo Settlement Deductions

In acknowledgment of the recent sexual misconduct allegations and the confidential settlements in connection with those allegations, Congress added a new section 162(q) to the Internal Revenue Code as part of the Tax Cuts and...more

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