Personal Injury Tax

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Tax Refund Identity Theft – Could it Happen to You?

We are all familiar with identity theft. A person gets access to your Social Security number and uses it to open credit card accounts in your name. He charges thousands of dollars, and you have no idea what has happened until...more

Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

The Franchise Tax Board’s Shande - This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more

CRA Owes a Duty of Care to Taxpayers

While taxpayers have initiated a number of civil claims against the CRA, alleging everything from negligence to fraud, these claims are rarely successful, as courts have traditionally been reluctant to ascribe any duty of...more

"Study Reveals US Courts of Appeal Are Less Receptive to Reviewing Class Certification Rulings"

Skadden recently conducted a study on behalf of the U.S. Chamber of Commerce Institute for Legal Reform regarding acceptance rates for Rule 23(f) petitions appealing class certification rulings in federal courts. The study...more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient....more

Real Estate Legal News - October 2013 • Volume 4, Number 1

In This Issue: - KEEP IT CLEAN: EPA ENDORSES NEW ASTM STANDARD FOR CONDUCTING ESAS: The United States Environmental Protection Agency (EPA) recently proposed a rule to recognize the updated standard of the...more

Recent Case Opens Door to Civil Enforcement Claims for Negligent FICA Tax Withholding

A District Court in Eastern Michigan recently rejected a motion to dismiss a participant’s benefit claim, holding that an employer legally could be liable to a participant in a nonqualified deferred compensation plan when the...more

Religious Institutions Update: October 2013

The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more

California Court of Appeal Allows Tenant's Fraud Suit Against Shopping Center Landlord Based on Estimates for Real Property Taxes,...

Last week, the California Court of Appeal for the Second District reversed a trial court’s decision which dismissed a tenant’s lawsuit against a shopping center landlord based on the disparity between estimates of certain...more

Insurance And Reinsurance Newsletter - Italy

In This Issue: - NEW METHODS FOR NOTIFYING THE TAX REGISTER OF DATA CONCERNING CONTRACTS AND INSURANCE PREMIUMS – ITALIAN INLAND REVENUE MEASURES NO. 51770/2013 OF 30 APRIL 2013 - ILLEGAL DATA EXCHANGE AMONG...more

Religious Institutions Update: May 2013

Intellectual property is a legal construct referring to creations of the mind for which exclusive rights are recognized. Common types include copyrights, trademarks, patents, industrial design rights, trade dress and,...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 6: Damages for Post Traumatic Stress Disorder (PTSD)

Overview - This article is designed to outline the tax treatment of post-traumatic stress disorder (PTSD) damages for plaintiffs. PTSD has become a household illness particularly among our soldiers returning from Iraq...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 5: Assignment of Claims

Overview - Part 4 of this series focuses on the payment of damages for false imprisonment. This installment will focus on the assignment of claims. When it becomes apparent that a settlement from the defendant might be...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 4: Damages for False Imprisonment

Overview - Part 4 of this series focuses on the payment of damages for false imprisonment. We all have all heard the story that the “Big House” is full of innocent men. It turns out that there could be some truth to that...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 3: Damages for Sexual Abuse

Overview - Part 3 of this series focuses on the payment of damages for sexual abuse. As we all know, the problem of sexual abuse has become an epidemic over the last three decades. It seems to be everywhere. In many...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 1: The Basics

Overview - Legal settlements in the U.S. easily exceed one trillion dollars on an annual basis. The tax consequences of settlements and damages should be reasonably well known and settled. . However, that is not the...more

Hotels.com And Other Online Travel Vendors Don't Have To Pay Occupancy Taxes To North Carolina Counties

It's hard to like the result in Wake County v. Hotels.com, LP, 2012 NCBC 61. The case is a consolidation of cases brought by several North Carolina counties (Mecklenburg, Wake, Dare, and Buncombe) against Hotels.com and other...more

I Won My Lawsuit - Am I Going To Be Taxed On My Settlement?

Guest Blogger and Tax Expert Stephen D. Kraft, CPA Explains The IRS Tax Issues of Personal Injury Settlements...more

New Identity Theft Methods

Parents do everything they can to protect their children but if something horrible does occur, no parent is prepared to discover that they must not only deal with their grief, but they must also contend with the fact that...more

Recent U.S. Tax Court Decision Highlights Issues Regarding the Tax Treatment of Damages for Stress-Induced Physical Ailments

In two cases decided in 2010, the U.S. Tax Court indicated that damages compensating for stress induced physical ailments may be tax-free where (1) the taxpayer can demonstrate that the damages were actually received on...more

Financial Fraud Law Report: Financial Fraud Victims May Benefit from Swiss Bank's Disclosures

Originally published in the July-August 2012 issue of the Financial Fraud Law Report. Lawyer Michael Diaz, Jr., Says Financial Fraud Victims May Benefit from Swiss Bank’s Disclosures Swiss banking giant UBS’...more

IRS Losing Fight Against Tax Return Fraud?

Is the IRS winning the battle against tax return fraud? Hardly. Tampa is the city that holds the dubious distinction of having one of the country’s highest incidences of tax return fraud. It is estimated that from Tampa alone...more

Watchdog Group files Complaint on Tax-related Comment by Bishop

The watchdog group Americans United for Separation of Church and State filed an official complaint against Roman Catholic Bishop Daniel Jenky of the Peoria, Illinois diocese over remarks he made about how social services for...more

Tax day is taxing on road safety in the U.S.

re you having a hard time concentrating on work today? Sure, that's a normal Monday problem, but since tomorrow is the last day to file taxes in the U.S., it's likely that millions of Americans have their minds on the stress...more

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