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Home 200 IDENTIFICATION OF INCOME SUBJECT TO TAXATION PART 2 CHAF (b) What are the tax consequences to Injured if the $1 mill

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(a)-The full $1 million excluded, but any interest earned is included.
-§104(a)(2) excludes the $1 million; excluded no matter the amount (no ceiling).
-Any interest you get is included as straight interest, nothing magical for interest earned on an amount that is otherwise not taxed. Same thing if this was inheritance.
(b) See §72
-The taxpayer receives $1 million, its excluded.
-Taxpayer then turns around and purchases annuity so that $1 million is the investment in the contract so we have our investment overt the expected return ($1million/$2million) .
-Remember that expected return is life expectancy x annual payout .
-The $1 million then becomes the taxpayers §1012 basis in the annuity contract.
-Anything above that is deemed interest and is taxable.
-Any interest payments above the prorated $1million is taxable.
(c)-Doesn’t matter if its damages or a settlement, full amount $1 million, excluded.
-This is just compensation for the physical injuries sustained.
-Entire amount excluded under
§104(a)(2).
-Revenue ruling 79-313:if you have a payout that is otherwise excluded, if you invest it, you pay on the interest.
_However, If the payout is an annuity, even though ordinarily a portion would be interest, the entire thing is excluded.
_If wrongdoer pays out over time, rather than lump sum, entire amount is excluded.
_But if you take the lump sum and turn around and buy an annuity on your own terms, that amount is taxable.

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