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BRIEF - Article Example

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There has been widespread appreciation of the tax-advantaged status of compensatory damages in personal injury and wrongful death…
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Download file to see previous pages The authors examined the state case law on this subject but excluded other forms of taxes with the exception of federal personal income tax. They focussed on the case law of all states and the District of Columbia.Purpose was to compile the set of course decisions that address the reasons as to whether an award adjustment and injury instruction were appropriate in light of the tax-free character of the award. They then determined if the case law cited was still good law.
The focus of the results of the research is on the legal reasoning applied in deciding whether to adjust for taxes and instruct the jury on taxes. Some of the information came from articles that appeared in state law series in the Journal of Forensic Economics. The current status of tax treatment is an issue that forensic economists and the retaining counsel should address. The results offer the forensic economist the opportunity to explore the legal reasoning behind the treatment of the tax-advantaged status of awards in personal injury and wrongful death type cases for states that courts previously ruled on the matter (Guner, 2014).
Other 30 states mandate that the courts do not make adjusting for taxes at least in personal injury type cases. Included among these cases are ones that in wrongful death actions permit consideration of income taxes that the decedent would have paid.However, the death is a separate issue from adjusting the award as it will be received on a tax-advantaged basis.
In deciding whether to adjust or not to adjust for the federal personal income tax and wrongful death litigations the courts took into account the statutes available for the different states. They also based their decisions on the type of cases. For example, in some states the courts only adjusted for taxes in cases of dental and medical mal practise (Gordon, 2012).
The question of instructing the juries on tax adjustment require that a tax expert is present in most of the ...Download file to see next pagesRead More
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