ICW #3
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Apr 3, 2024
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Uploaded by vmendozafranco03
March 20, 2023.
1900 Pennsylvania Avenue
San Diego, CA 92101
Dear Mr. and Mrs. Simmons
I am reaching out per our phone conversation regarding your personal injury settlement and the tax liability that you are responsible for.
Facts:
Walter Simmons was in a car accident last year, where he was rear-ended by a drunk driver and sustained multiple injuries. Walter’s injuries were severe and was hospitalized for months. It was determined by medical professionals that he would need ongoing care and treatment. Simmons contacted an attorney to sue the drunk driver, luckily the driver was insured. The attorney is attempting to settle the suit, the settlement Mr. Simmons was offered will be for damages in the amount of $1.5 million. It should be noted that a 7% interest rate will be paid out to Walter from the date of the accident to the date of a settlement is agreed on. The itemized settlement includes $200,000 for pain and suffering, $250,000 for lost wages, $600,00 for medical costs (past & future), and $450,000 for punitive damages. Issue:
Is Mr. Simmons personal injury applicable to receive a damages settlement?
How will the itemized $1.5 million settlement be calculated for tax purposes?
Will he be able to take any deductions on medical expenses that are reimbursed?
Analysis:
First, we need to understand what gross income is and according to IRS section 61 “gross income is all income from whatever source, such as compensation for services, interest, rents, royalties. dividends, annuities, pensions etc.”. Therefore, the settlement for damages that Mr. Simmons has been offered is applicable to his personal injury case. In addition, according to the IRS section 104, gross income does not include “any amount for damages on account of personal injuries. . . excluding punitive damages. . .
received by either lawsuit or agreement and whether settlement is paid in lump sum or as periodic payments”. Therefore, of the $1.5 million settlement, lost wages, punitive damages, and interest will be included in gross income, which will be used to calculate the total tax amount due. Amounts from the damages settlement that will not be included in gross income and not taxable will be, pain and suffering and medical costs (past & future). Mr. Simmons cannot take any additional deductions from medical expenses because they were already calculated as a lump sum amount for the settlement. Past medical costs have been reimbursed and future costs will be reimbursed in the form of the damages total.
Conclusion:
Understanding the IRS gross income may be complex, but it is crucial in assessing the correct tax liabilities that lawsuits and settlements may incur for the plaintiff, Mr. Simmons. Taxable and exempt amounts should be assessed separately to reach the correct amount of liability owed to tax authorities, before accepting whether your settlement offer is what you desire and deem reasonable.
I hope that this letter serves the purpose of clarifying the taxable and exempt amounts of your settlement offer.
If you have any other questions or need any other information, please don’t hesitate to give me a call.
Sincerely,
Victor Mendoza, CPA
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