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Lawsuit Proceeds


jasdlm

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Client is sole beneficiary of a Trust.  Trust was beneficiary of a qualified plan.  Trustee completed the 'wrong form' and withdrew the entire $900K in one tax year.  Obviously, beneficiary paid a high price for this error.  Beneficiary won $100k settlement in the case.  I keep talking myself out of it being taxable (tax was already paid on the $900k), but then I analyze it again and decide that it is taxable because it is, in a sense, replacement of loss in value of property and does it exceed the value of her adjusted basis.  Any thoughts?  I can't find a publication on the IRS website that specifically refers to tax reimbursements.

Thanks.

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