This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Tax

Nov. 17, 2025

Are false imprisonment settlements taxable?

If you're falsely imprisoned but not exonerated, your legal recovery may be taxable --highlighting a peculiar gap in how the tax code treats lost freedom.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

See more...

Are false imprisonment settlements taxable?
Shutterstock

If you are wrongfully convicted of a crime, exonerated and then receive a legal settlement, the federal tax code provides that your legal settlement will be tax free. There are some definitional niceties that need to be satisfied, as often is the case under the tax code. But in general, if you are convicted of a crime and later exonerated, any settlement money you receive as a result is protected from taxes by federal law.

But what if you were...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up