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Litigation & Settlements

Attorney Fee Structured Settlement — Contingent-Fee Tax Deferral

Plaintiff attorneys can structure their contingent fee via §130 QAssignment — deferring tax to payment years.

Overview

Contingent-fee attorneys can elect to have their fees structured (annuity or T-Bill-based) rather than paid lump sum. Because the fee is assigned pre-receipt to a qualified assignee, the attorney does NOT have constructive receipt — tax owed in the year of PAYMENT, not settlement. On a $2M fee structured over 10 years, defer $500K+ of tax while earning guaranteed returns. Confirmed by Childs v. Commissioner. Modern products: fixed annuity, market-linked, T-Bill-plus.

Best fit
Contingent-fee plaintiff attorneysClass action / MDL lead counselPost-settlement tax planning
Estimated impact
20–37% tax deferral × decade = $500K+ NPV

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