Forced to repay income taxed in a prior year? §1341 lets you deduct now OR recompute prior year — take the bigger benefit.
IRC §1341 (Claim of Right doctrine) applies when a taxpayer includes income in Year 1 believing they had unrestricted right, then in Year 2 must repay due to legal obligation (lawsuit judgment, SEC clawback, executive comp clawback, contested divorce, etc.). Taxpayer takes the greater of (a) current-year deduction or (b) prior-year tax recomputation as a current-year credit. When brackets have fallen, current deduction wins; when brackets have risen, recomputation wins. Repayment must exceed $3K.
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Damages 'on account of' personal physical injury or physical sickness are 100% excluded from gross income.
Structured PI settlement pays tax-free installments for life via a qualified assignment — better than lump-sum + investing.
Depositing settlement into a §468B QSF lets plaintiffs delay constructive receipt while negotiating allocations and structures.
Plaintiff attorneys can structure their contingent fee via §130 QAssignment — deferring tax to payment years.
For taxable settlements, use a Plaintiff Recovery Trust or origin-of-claim allocation to avoid attorney fees being taxed to plaintiff.
If emotional distress ORIGINATES from a physical injury, entire settlement is tax-free — even the emotional portion.
IRC §62(a)(21) allows above-line deduction for attorney fees on federal whistleblower recoveries — full net-of-fees tax.
MSA earmarks portion of PI settlement for future Medicare-covered care so plaintiff doesn't lose future Medicare eligibility.