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  2. IRC Section 104 provides an exclusion from taxable income with respect to lawsuits, settlements and awards. However, the facts and circumstances surrounding each settlement payment must be considered.

  3. Jul 1, 2021 · The receipt or payment of amounts as a result of a settlement or judgment has tax consequences. The taxability, deductibility, and character of the payments generally depend on the origin of the claim and the identity of the responsible or harmed party, as reflected in the litigation documents.

  4. Nov 20, 2018 · The tax treatment of a settlement or award payment will be determined by the “origin of the claim” doctrine. Under this doctrine, if a settlement or award payment represents damages for lost profits, it is generally taxable as ordinary income.

  5. Income from settlements, awards, and lawsuits is taxable unless it meets one of the specific exclusions in IRC Section 104. To determine if income from a lawsuit settlement qualifies as non-taxable, the IRS will consider the facts and circumstances of each settlement payment.

  6. Aug 21, 2023 · Having to pay taxes on your lawyer’s portion of your settlement can lead to a pretty high bill from the IRS. Luckily, there are ways to lower that cost. If your lawsuit involves your business, freelance work, or independent contracting, you'd be able to write off any attorneys' fees as a business expense.

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