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Ninth Circuit Orders Gross Ups for Back Pay Award

In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax consequence adjustment” or “gross up” for receipt of a back pay award given in one lump sum.

Is the Severance that Your Company Pays to Fired Workers Taxable? The Supreme Court Will Decide

On October 1, 2013, the Supreme Court of the United States agreed to hear a case concerning whether employees’ severance payments are taxable. The case, United States v. Quality Stores, Inc., came out of the Sixth Circuit Court of Appeals on appeal from a bankruptcy court in which Quality Stores, Inc. sought a tax refund from the United States for $1,000,125 in taxes paid under the Federal Insurance Contributions Act (FICA).
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