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Personal Injury & Torts

Jan. 28, 2000

Taxing Torment

Taxing Torment Proposed Act Re-establishes Exempt Status for Emotional-Distress Claims Not Based on Physical Injury.

By Debora A. Buljat
        The tax consequences of litigation or the settlement of a dispute are determined by reference to the underlying claim or claims. This is known as the "origin-of-the-claim" test, which originated in United States v. Gillmore, 372 U.S. 39 (1963). The tax consequences are theoretically the same whether the litigation is concluded with a settlement or a judgment.
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