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Report Link Federal District Court Rules that Back Pay and Front Pay are Wages Subject to Employment Taxes.Littler Mendelson, P.C. - August 11, 2009 In Josifovich v. Secure Computing Corp.1 a federal district court in New Jersey held that both back pay and front pay paid as part of a settlement award to a former employee were wages and thus subject to federal employment taxes. The court also rejected the former employee's argument that the employer must pay the taxes by "grossing up" the settlement, finding that because the plaintiff had entered into the settlement voluntarily, she was stuck with its tax consequences. Report Link Third Circuit Allows Award of Extra Damages for Additional Taxes Due to Lump Sum Payment.Jackson Lewis LLP - March 02, 2009 In an apparent case of first impression in the circuit, the United States Court of Appeals for the Third Circuit (Philadelphia) has held that a court may award a prevailing employee an additional sum of money to compensate the employee for the increased tax burden a back pay award may create. Eshelman v. Agere Systems Inc., No. 05-4895 (3d Cir., Jan. 30, 2009). Accordingly, the Court affirmed the trial court’s grant of an additional amount to the plaintiff. The Third Circuit encompasses Pennsylvania, New Jersey, Delaware and the U.S.Virgin Islands. Report Link DC Circuit Rules that Damages for Non-Physical Injury Are Subject to Federal Taxation.Jackson Lewis LLP - July 17, 2007 The U.S. Court of Appeals for the District of Columbia Circuit has resolved the constitutional question it first created concerning the taxability of damages for emotional distress or mental anguish and loss of reputation (non-physical personal injury). After reviewing the issue, the D.C. Circuit has held that such damages were taxable. Karraker v. Rent-A-Center,No. 06-2617 (7th Cir. July 9, 2007)Report Link D.C. Circuit Reverses Course and Finds Emotional Distress Damages Are Income Subject to Tax.Littler Mendelson, P.C. - July 12, 2007 Reversing its August 22, 2006 opinion, the D.C. Circuit Court held in Murphy v. Internal Revenue Service, 2007 U.S. App. LEXIS 15816 (July 3, 2007), that emotional distress damages are taxable income under Internal Revenue Code (IRC) section 61. The court backed away from its earlier ruling holding IRC section 104(a)(2)1 unconstitutional on the ground that emotional distress damages were not "income" within the meaning of the Sixteenth Amendment to the United States Constitution. Report Link DC Circuit Vacates Ruling Exempting Damages For Emotional Distress From Federal Taxation.Jackson Lewis LLP - January 03, 2007 As reported on this website, the U.S. Court of Appeals for the District of Columbia Circuit held last summer that an individual's award of damages for emotional distress or mental anguish and loss of reputation (non-physical personal injury) is not taxable. Murphy v. IRS, D.C. Cir., No. 05-5139 (8/22/2006). Report Link Federal Court Finds Compensatory Damages for Non-Physical Injuries Are Not Taxable.Ford & Harrison LLP - September 08, 2006 The United States Court of Appeals for the District of Columbia has held that compensatory damages received for emotional upset and harm to reputation, but not connected to any physical injury, are not taxable as income. See Murphy v. I.R.S. (D.C. Cir. Aug. 22, 2006). The court's decision is the first federal appeals court decision to rule on the taxability of compensatory damages not connected to physical injuries. Report Link Are Emotional Distress Damages "Income" Subject to Tax? "No" Says The D.C. Court of Appeals in Murphy v. United States.Littler Mendelson, P.C. - August 28, 2006 On August 22, 2006, the Court of Appeals for the District of Columbia Circuit held it unconstitutional, within the meaning of the Sixteenth Amendment, to tax compensatory damages for emotional distress damages. Murphy v. United States, No. 05-5139 (Aug. 22, 2006). This opinion is likely to cause many plaintiff's counsel to immediately claim all emotional distress damages are nontaxable, but the decision is clearly not so simple. Report Link Emotional Distress Awards Are Not Taxable in District of Columbia.Jackson Lewis LLP - August 24, 2006 The U.S. Court of Appeals for the District of Columbia Circuit has ruled that an individual's award of damages for emotional distress or mental anguish and loss of reputation (non-physical personal injury) is not taxable. Murphy v. IRS, D.C. Cir., No. 05-5139 (8/22/2006). See copy of decision in "Related Links" below. Report Link U. S. Supreme Court Rules Attorneys' Fees Are Income and Reportable on Claimant's Federal Tax Return.Jackson Lewis LLP - January 25, 2005 In a unanimous decision, the U. S. Supreme Court has ruled that attorneys fees paid out of a judgment or settlement under a contingent fee agreement are includible in a claimant's gross income for federal tax purposes. Report Link Voluntary Early-Out Severance Benefits Subject to Federal Employment Taxes.Jackson Lewis LLP - January 01, 2000 Discusses Associated Electric Cooperative Inc. v. United States. 22 EBC 2858 (Ct. Fed. Cl. 1999), in which the Court of Federal Claims held that payments made by Associated under the early out plan were "wages" as contemplated by § 3121 and therefore subject to FICA tax. [Case appears to have been affirmed by Federal Circuit, Associated Electric Cooperative Inc. v. United States. 99-5058 (Fed. Cir. Sept. 28, 2000)].
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ArticlesFound: 11 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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