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To: Always Right

I don’t believe amounts received for wrongful death are considered taxable income.


15 posted on 08/18/2007 10:53:45 AM PDT by Your Nightmare
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To: Your Nightmare
I think you are mostly correct, but I think we need more details about the award and state law to make the final determinationn of what is and what is not taxable. I found this on the web explaining the tax consequences.:

unts received for physical personal injuries (including wrongful death) are excludable from taxable income. Punitive damages are taxable income. (Internal Revenue Code Section 104(a)(2).) However, if only punitive damages may be awarded under a state's wrongful death statutes, which were in effect on or before September 13, 1995, the damages are excludable (§ 104(c)).

The CCH Federal Tax Service cites the Conference Committee Report to P.L, 104-188 (1996) H,R. Rep. No. 104-737 in concluding that nonpunitive damages received for wrongful death are excluded from income under Internal Revenue Code Section 104. The clarifying language under § 104(c) and Letter Ruling 200029020 also support this conclusion.

Damages received under a wrongful death statute are excludable from the taxable estate of the deceased person, but amounts that person would have been entitled to during his or her lifetime for pain and suffering or as reimbursement for medical expenses, etc. are includable in the taxable estate. (Revenue Rulings 69-8, 54-19, 75-127, 75-126, 83-44.)

If that doesn't make it clear as mud, nothing will.

19 posted on 08/18/2007 10:59:16 AM PDT by Always Right
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