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104(a)(1)

Emotional distress wasn’t derived from physical injury, so damages were taxable

Emotional distress wasn’t derived from physical injury, so damages were taxable

Barbato, TC Memo 2016-23 The Tax Court has held that a taxpayer who incurred a job-related injury, and then was awarded damages by the Equal Employment Opportunity Commission for her emotional distress because her employer discriminated against her, did not meet the Code Sec. 104(a)(2) requirements for excluding damage awards from gross income.  Click here […]

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Court of Appeals, Ninth Circuit, finds part of disabled firefighters’ pension wasn’t excludable

Court of Appeals, Ninth Circuit, finds part of disabled firefighters’ pension wasn’t excludable

Campbell v. U.S., et al (CA 6/5/2015) 115 AFTR 2d ¶ 2015-807 In consolidated cases, the Court of Appeal for the Ninth Circuit, affirming the lower courts, has concluded that firefighters, who retired with service-connected disabilities, couldn’t exclude from income under Code Sec. 104(a)(1) (as amounts received under workmen’s compensation acts for personal injuries or […]

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Case Alert: Taxpayer allowed partial Section 104 exclusion for workers’ compensation claim

Case Alert:  Taxpayer allowed partial Section 104 exclusion for workers’ compensation claim

The Tax Court has held in Simpson v. Commissioner, 141 T.C. No. 10, that a payment made from a corporation to a former employee to settle her workers’ compensation claims wasn’t excludible under Code Sec. 104(a)(1) because the settlement agreement failed to satisfy a key element of the state’s workers’ compensation laws. However, the Court […]

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Meet Paul Raymond

Meet Paul Raymond

Mr. Raymond is a sought after speaker in tax controversy law by many attorney, accountant, and business groups and at the request of the Internal Revenue Service, has presented programs at the IRS Nationwide Tax Forum, attended by tax professionals throughout the United States.

Additionally, he continues to be an active member in the Section of Taxation, American Bar Association, where he was the Past Chair of the Employment Taxes Committee.

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Member CA Bar Member Orange County Bar US Tax Court Attorney