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| Seth Breidbart wrote: - quote - > Arthur L. Rubin <ronnirubin[at]sprintmail.com> wrote:
OK, we're running in to LEGAL questions, rather than> > As for the daughter being a plaintiff: Does the > > settlement agreement specify who the money is for? > > If so, who the check is written to is irrelevant. > > > If not, the $20K is a gift. > Why? If the settlement agreement doesn't specify (because > the payor presumably doesn't care), don't the recipients get > to decide how it's split? Presumably, the daughter signed > off on the settlement agreement; that indicates she ought to > be getting something as part of it. tax questions, so I believe I should withdraw my statement. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#2
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| Arthur L. Rubin <ronnirubin[at]sprintmail.com> wrote: - quote - > As for the daughter being a plaintiff: Does the
Why? If the settlement agreement doesn't specify (because> settlement agreement specify who the money is for? > If so, who the check is written to is irrelevant. > If not, the $20K is a gift. the payor presumably doesn't care), don't the recipients get to decide how it's split? Presumably, the daughter signed off on the settlement agreement; that indicates she ought to be getting something as part of it. Seth << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#1
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| anthrochick[at]hotmail.com (J.L.) wrote in news:107sdj7g02gsua9 - quote - > Hello, I have a friend whose family just got awarded a
Would paying a CPA for a couple of hours of advice really> hundred thousand dollars in a malpractice settlement. My > friend, who is the daughter, said that her mom wanted to > give her a portion of the money (about 20K). Does the > daughter have to pay taxes on this? This is what I know: > 1. The money is not going through probate. > 2. The money is not taxable because it is considered a loss > (however, does that mean it is not taxable for the > daughter too? They were both plaintiffs in the case). > 3. The check is being written out to the daughter's mother. > 4. The daughter is a 28-year-old student. dig onto that One-Hundred Thousand Dollars ($100,000.00) a lot in their area? << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| J.L. wrote: - quote - > Hello, I have a friend whose family just got awarded a
OK> hundred thousand dollars in a malpractice settlement. My > friend, who is the daughter, said that her mom wanted to > give her a portion of the money (about 20K). Does the > daughter have to pay taxes on this? This is what I know: > 1. The money is not going through probate. - quote - > 2. The money is not taxable because it is considered a loss
Not OK. If the money is not taxable, it must be for> (however, does that mean it is not taxable for the > daughter too? They were both plaintiffs in the case). a physical injury. "Loss" has nothing to do with it. As for the daughter being a plaintiff: Does the settlement agreement specify who the money is for? If so, who the check is written to is irrelevant. If not, the $20K is a gift. Mother would have to report it on a gift tax return, togehter with whatever she gave daughter during the year. $11K is tax free, and the remainder is (essentially) added back in for the purpose of futher gift and estate tax returns. There is no consequence unless total taxable gifts (to all people) exceed $1M, or gifts plus estate exceed whatever the current number is in the year of mother's death. It's now $1.5M. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#-1
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| Hello, I have a friend whose family just got awarded a hundred thousand dollars in a malpractice settlement. My friend, who is the daughter, said that her mom wanted to give her a portion of the money (about 20K). Does the daughter have to pay taxes on this? This is what I know: 1. The money is not going through probate. 2. The money is not taxable because it is considered a loss (however, does that mean it is not taxable for the daughter too? They were both plaintiffs in the case). 3. The check is being written out to the daughter's mother. 4. The daughter is a 28-year-old student. Thanks. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| advice, malpractice, settlement |
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