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Old 03-09-2008, 07:25 PM
D. Stussy
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Default Re: Employment unlawful termination lawsuit settlement

<cornfield2[at]iwon.com> wrote in message
news:2cdf5494-a7cf-45eb-a025-43a39d2434f3[at]60g2000hsy.googlegroups.com...
- quote -

> How does the IRS know that I received a settlement if -
> 1. I never received a 1099 from my former employer or my Lawyer. I
> called my Lawyer and was told they do not send clients a 1099


Your former employer will file a 1099 for it - because they also want to
take a deduction. (Some IRS people believe that: No 1099, no deduction -
because by failing to issue the 1099, the payor wasn't really treating it as
a business expense). Of course, they might give you a W-2 instead.

- quote -

> 2. The check was sent directly to my lawyer, I never endorsed it.

Doesn't matter. Your attorney acted on your behalf, so you legally received
it.

- quote -

> 3. The settlement amount was kept confidential from the court at the
> request of my former employer.


The IRS doesn't care. It still has to be disclosed to them because statute
says so.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 03-08-2008, 04:58 PM
removeps-groups@yahoo.com
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Default Re: Employment unlawful termination lawsuit settlement

On Mar 8, 8:15 am, cornfie...[at]iwon.com wrote:

- quote -

> How does the IRS know that I received a settlement if -
> 1. I never received a 1099 from my former employer or my Lawyer. I
> called my Lawyer and was told they do not send clients a 1099
> 2. The check was sent directly to my lawyer, I never endorsed it.
> 3. The settlement amount was kept confidential from the court at the
> request of my former employer.


The government might have a copy of the 1099. You should ask the law
firm why they didn't send you a 1099. Maybe it got lost in the mail.
If you know they didn't withhold taxes and you are not able to obtain
a 1099, then you should probably just report the entire amount that
went into your bank account as other income, and maybe attach a
statement to your return. I've seen a settlement where part of the
payment was categorized as wages and taxes (federal, state, FICA,
state SDI) were withheld, part as interest (no taxes withheld), part
as other income (no taxes withheld). I don't see the difference
between interest and other income, except that more interest allows
you to claim more investment interest. The difference between wages
and other income is that wages is subject to FICA and SDI.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 03-08-2008, 03:15 PM
cornfield2@iwon.com
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Posts: n/a
Default Employment unlawful termination lawsuit settlement

How does the IRS know that I received a settlement if -

1. I never received a 1099 from my former employer or my Lawyer. I
called my Lawyer and was told they do not send clients a 1099
2. The check was sent directly to my lawyer, I never endorsed it.
3. The settlement amount was kept confidential from the court at the
request of my former employer.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

Tags
employment, lawsuit, settlement, termination, unlawful
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