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Lawsuit settlement - admits no wrongdoing - still unlawful discrimination?


BulldogTom

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TP is settling a lawsuit with employer claiming unlawful discrimination.  Employer is settling without admitting wrongdoing.  Because they are not admitting they discriminated, does this change the above the line deduction treatment for the settlement proceeds?

 

I am pretty sure that the treatment does not change.

 

Tom

Newark, CA

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Good, because unlawful discrimination gets my client an above the line deduction for the legal fees.  As it is, after taxes and legal fees, she will get about 42% of the award and still be in AMT.  If she had to put the legal fees on Sch. A, it would be worse.

 

Thanks for confirming my thoughts.

 

Tom

Newark, CA

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