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Will the Tax Man Cometh to Coach Rodriguez?Douglas A. KahnUniversity of Michigan Law School Jeffrey H. KahnFlorida State University - College of Law August 4, 2008 Tax Notes, Vol. 120, No. 5, pp. 274-278, 2008 U of Michigan Public Law Working Paper No. 175 Abstract: When Richard Rodriguez moved from West Virginia University to the University of Michigan. Coach Rodriguez had a contract with his former employer that required him to pay $4 million dollars to West Virginia if he left for another coaching position. After a suit was filed, it was reported that the parties agreed that the $4 million dollars will be paid to West Virginia, of which Rodriguez will pay $1.5 million dollars in installments, and the University of Michigan (his new employer) will pay the remaining $2.5 million. How tax law applies to that buyout and whether Coach Rodriguez will incur federal income tax liability because of Michigan’s payment of $2.5 million are interesting questions. Simply put, will Michigan’s payment of 62.5 percent of the buyout obligation cause the taxman to cometh to Coach Rodriguez? We conclude that a payment of a buyout fee to terminate an employment contract is a deductible expense, and that the employee does not incur income tax liability when the new employer pays all or part of his buyout obligation.
Number of Pages in PDF File: 6 Keywords: Taxation, Employment, Termination, Buyout, Rodriguez, Coach JEL Classification: H20, H24, H25 Accepted Paper SeriesDate posted: November 23, 2009 ; Last revised: December 15, 2009Suggested CitationContact Information
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