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Compensation For Wrongful Imprisonment

 

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Subject Author Date
Compensation For Wrongful Imprisonment William Brenner 04-30-2008
Posted by cpabakem01 on April 30, 2008, 1:17 pm
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wrote:
> The Florida legislature has passed with but one negative vote
> -- not yet signed by the Governor -- a bill that would pay wrongfully
> imprisoned persons $50,000 per year of imprisonment, with a maximum of
> one million dollars.
>
> http://www.miamiherald.com/news/florida/story/514849.html
>
> The question is: Is this federal taxable income?
>
> (Note: I have no personal interest in this matter other than curiosity.)

California: Not Taxable http://tinyurl.com/4t5le7

CT: Not Taxable
While the amount proposed is substantial, you should also be aware
that it is the position of the IRS that any compensation that Mr.
Tillman or others like him receives for anything other than “physical
injury” is income for federal tax purposes and would be taxable at a
rate of 35%. While Mr. Tillman would contest this with the IRS, there
is a strong possibility that he would have to pay federal income taxes
on the award of up to $1.75 million. The bill does provide that the
award would be exempt from state income tax purposes.

Milt Baker CPA
Michigan

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Posted by D. Stussy on May 1, 2008, 12:59 am
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> The Florida legislature has passed with but one negative vote
> -- not yet signed by the Governor -- a bill that would pay wrongfully
> imprisoned persons $50,000 per year of imprisonment, with a maximum of
> one million dollars.
>
> http://www.miamiherald.com/news/florida/story/514849.html
>
> The question is: Is this federal taxable income?
>
> (Note: I have no personal interest in this matter other than curiosity.)

If it is indeed income, then it is taxable at the federal level. However,
not all payments constitute income to the recipient.

Compensation for losses are generally "matters of equity" in the federal
courts (as opposed to "matters of law"). As such, their goal is usually to
restore or make whole, and in that sense, the compensation necessary to
perform that function is not income at all (to the extent that the loss was
never deductible/deducted and that it does not otherwise replace income that
is of a taxable nature). Recently (2007), the 2nd Circuit briefly took that
position before reversing themselves and I believe that their first
impression may have been the correct one. I also believe that IRC 104 is a
completely unnecessary statute.

Therefore, from the legal aspect, except for an amount in lieu of wages or
earning power lost while imprisoned, the [remaining] amount of the payment
should not even meet the definition of income. However, the IRS will
probably say that it is simply because one receives it and it is not
statutorily exempt.

--
<< ------------------------------------------------------- >>
<< 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. >>
<< ------------------------------------------------------- >>

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