Abstract

http://ssrn.com/abstract=1935038
 


 



Getting a Rule Right and Writing a Wrong Rule: The IRS Demands a Return on All Punitive Damages


Mary Jane Morrison


Hamline University - School of Law

January 1, 1984

Connecticut Law Review, Vol. 17, p. 39, 1984

Abstract:     
This article focuses on the Internal Revenue Service’s view of punitive damages received in personal injury litigation as non-taxable. In 1984, the IRS ruling (based on a 1975 revenue ruling) was reversed. The author explains what the 1975 ruling really meant, why that rule was correct, and why the 1984 ruling is based on a correct principle but is incorrect in its particulars. The thesis of this article is that, although punitive damages ought always be taxable, not every award that is legitimately described as punitive or that is intimately connected to the culpability of the tortfeasor is the kind of punitive damages that ought to be taxable.

Number of Pages in PDF File: 56

Keywords: IRS, punitive damages, personal injury litigation, taxable

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Date posted: October 1, 2011  

Suggested Citation

Morrison, Mary Jane, Getting a Rule Right and Writing a Wrong Rule: The IRS Demands a Return on All Punitive Damages (January 1, 1984). Connecticut Law Review, Vol. 17, p. 39, 1984. Available at SSRN: http://ssrn.com/abstract=1935038

Contact Information

Mary Jane Morrison (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
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