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Littler

Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement

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In Escano v. Innovative Financial Partners, LLC, a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9...more

Flaster Greenberg PC

Attorney Fee Structures Are Not Under IRS Attack

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A recent article circulating among North Carolina contingency fee attorneys and others has regrettably caused confusion about the viability of attorney fee structured settlements. The premise of the article, entitled “IRS...more

Freeman Law

Tax Court in Brief | Aragoni v. Comm'r | Disallowance of Deduction of Ex-Spouse’s Attorney Fees as Alimony

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Summary: In this non-precedential opinion (see section 7463(b)), the Tax Court addresses an alimony deduction claimed by taxpayer Terrence Aragoni. Aragoni divorced his wife. By court order, Aragoni was ordered to pay $9,146...more

Freeman Law

The IRS’ Lawsuits, Awards, and Settlements Audit Techniques Guide

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Some time ago, the IRS issued an Audit Techniques Guide on the taxation of lawsuits, awards, and settlements. As many tax practitioners can attest, there are a multitude of tax issues involving any one of these issues. In...more

McGlinchey Stafford

Reporting Attorney Payments To The IRS

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Do I have to report to the IRS a payment I make to a lawyer? If you make payments to a lawyer, you may be required to file an IRS form to report that payment. For a payment to a lawyer to be reportable to the IRS, it...more

Miles & Stockbridge P.C.

Non-Disclosure Agreements and Arbitration Clauses in the #MeToo Era

With the proliferation of the #MeToo movement in late 2017 came concerns over the role that employment contracts and settlement agreements played in concealing abuse by high-level executives. Confidentiality, non-disclosure...more

Obermayer Rebmann Maxwell & Hippel LLP

IRS Clarifies the New Section 162(q) Related to the Settlement of Sexual Harassment Claims

On February 28, 2019, the IRS posted an FAQ clarifying Section 162(q) of the Internal Revenue Code, which was added by the 2017 Tax Cuts and Jobs Act. As previously summarized by HR Legalist, a strict reading of Section...more

Foodman CPAs & Advisors

Should Law Firms accept Virtual Currency? Only if they immediately convert to USD!

Law Firms, like other businesses, want to be able to offer more services to more clients expanding; the scope of their reach. This might entail entering the world of Virtual Currency (VC) and accepting payments such as...more

Burr & Forman

South Carolina Tax Litigation Update: First Quarter 2018

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There were several notable state tax opinions issued by the South Carolina Administrative Law Court, Court of Appeals, and Supreme Court in the 1st quarter of 2018. A number of tax cases are also pending before the Court of...more

Holland & Knight LLP

Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

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The recently enacted Tax Cuts and Jobs Act (the Act) contains a largely unnoticed provision worth the attention of human resources professionals and legal counsel who draft and implement settlement agreements and releases of...more

Maynard Nexsen

You Lost Your Case to the IRS: Are Accountant and Lawyer Fees Deductible?

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Section 212(3) of the Internal Revenue Code [Code] provides in pertinent part: “In case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year...more

McGuireWoods LLP

A Look Back at Some Recent Highlights

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One of our long-standing objectives for this blog is to provide in-depth analysis of recent court rulings and developing trends that impact class action practice. That remains a driving tenet. In an effort to expand our...more

BCLP

Good News! New 409A Regulations (Yes, Really!) – Part 1: Firing Squad

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On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line,...more

Williams Mullen

United States District Court Pushes Back Against Government in North Carolina Asset Forfeiture Case

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In May of last year we highlighted the decision by the United States Attorney for the Eastern District of North Carolina to dismiss a forfeiture case he’d brought against Lyndon McLellan, the owner of a small convenience...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2016

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Editor's Overview - Happy New Year! Because 401(k) plans play an increasingly prominent role as an employee's principal retirement investment vehicle, fiduciaries overseeing those plans face increased pressure to see...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2015

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Editor's Overview - In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act. We also discuss IRS Notice 2015-86, which provides guidance on the application of...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2015

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Editor's Overview - In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more

Gray Reed

How to get the IRS to pay your legal fees

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What can you do when the IRS is misbehaving and it directly affects you? You will have to fight them, but the law allows you to recover your litigation costs if you win. As many know, the IRS has had a very...more

Orrick - Employment Law and Litigation

IRS Confirms its Position that Settlement Payments Allocated to Attorneys’ Fees are Not Wages

Employers frequently ask whether the portion of an employment-related settlement allocated to attorneys’ fees must be treated as wages and subjected to income and employment tax withholding and Form W-2 reporting where a...more

Proskauer - California Employment Law

New IRS Guidance On Tax Treatment Of Attorney’s Fees

The IRS recently released a memorandum advising taxpayers on the proper tax characterization of attorney’s fee payments in connection with a settlement of or judgment in an employment dispute. Courts have long held...more

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