A recent Tax Court decision was reported dealing with Settlement Proceeds. J. Frank Best, Tax Controversy CPA/U. S. Tax Court Litigator with locations in Raleigh and Wilmington, NC & North Myrtle Beach and Myrtle Beach, SC works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for clients.
Discrimination and Hostile Work Environment Settlement Is Taxable: In Zinger v. Comm’r, T.C. Summary 2018-33, the Tax Court held that the $20,000 from Settlement Proceeds received by the taxpayer was not excludable from income under Code Sec. 104(a)(2). The court concluded that the settlement payment was for the resolution and withdrawal of the taxpayer’s discrimination and hostile work environment claims and not on account of personal physical injuries or physical sickness.