Tax
Aug. 7, 2024
PTSD can reduce settlement tax - but not always
The Tax Court upheld an exclusion for settlement monies linked to exacerbating a pre-existing physical condition like PTSD. However, it did not classify PTSD as physical or emotional, nor did it explicitly state that PTSD damages qualify for exclusion.
Allegations that a defendant caused a plaintiff to develop post-traumatic stress disorder (PTSD) arise in employment cases, fire losses, personal injury claims, sexual harassment and abuse, defamation, etc. In some cases, the plaintiff claims not that the defendant caused PTSD, but rather that the defendant exacerbated pre-existing PTSD. In any of these contexts, is an award for PTSD taxable, or is it tax-free as damages for personal physical injuries or physical sickness?
The ta...
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