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Taxation-Federal

Cleveland State University

Journal

Tax exempt

Publication Year

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Full-Text Articles in Law

Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett Jan 1957

Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett

Cleveland State Law Review

Whether or not a jury should be instructed, in a personal injury case, that its verdict is exempt from federal income taxation, has been much discussed recently. A most practical element in this problem is the difference between "gross pay" and "take-home pay" in computing the present value of future earnings, when estimating damages. The real question presented by the topic concerns impairment, or deprivation, of future earning capacity. Some of the early English cases which I shall mention considered earnings lost between the time of injury and the time of trial, in addition to the impairment of future earning …


Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut Jan 1956

Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut

Cleveland State Law Review

The Internal Revenue Code enacted in 1954 has continued the 1939 Code provision of law that damages received, whether by suit or agreement, for personal injuries or sickness, are exempt from the Federal income taxation, by providing that such awards are specific exclusions from gross income. In light of this, many defense attorneys engaged in suits of such nature are asking the courts to instruct the jury of such provision, or in their closing arguments mentioning the same. The introduction of the provision in closing arguments has been the cause of many appeals and subsequent reversals due to prejudicial error.