Articles
Higgins, David M., Recent Developments in the Use of Qualified Settlement Funds, Tax Notes State, February 14, 2022 (Vol. 103, Number 7, Page 757)
In this article, we review recent developments surrounding qualified settlement funds, including addressing the single-claimant issue, what to do with leftover cash, the use of funds to pay judgments, who pays for failed QSFs, and abusive grantor-trust elections.
In this article, we review recent developments surrounding qualified settlement funds, including addressing the single-claimant issue, what to do with leftover cash, the use of funds to pay judgments, who pays for failed QSFs, and abusive grantor-trust elections.
Higgins, David M. Exploring Disputed Ownership Funds, Tax Notes Federal, March 9, 2020 (Vol. 166, Number 10, Page 1581)
In this article, we explore the purpose and effects of section 468B of the Internal Revenue Code, including the background of homeless income, the role of interpleaders, the tax rules for transferors to and claimants of DOFs, and their coexistence with liquidating trusts.
In this article, we explore the purpose and effects of section 468B of the Internal Revenue Code, including the background of homeless income, the role of interpleaders, the tax rules for transferors to and claimants of DOFs, and their coexistence with liquidating trusts.
Higgins, David M., Use of Qualified Settlement Funds in Bankruptcy, Tax Notes Federal, February 3, 2020 (Volume 166, Page 751)
In this article, we explain how qualified settlement funds are used in bankruptcy to pay tort and other qualified claims, including the use of bar dates and methods of funding and investment.
In this article, we explain how qualified settlement funds are used in bankruptcy to pay tort and other qualified claims, including the use of bar dates and methods of funding and investment.
Higgins, David M., Structured Settlements: The Failure of “Fixed and Determinable,” Tax Notes Federal, September 16, 2019 (Volume 164, Number 12, Page 1877)
In this article, we describe the problems with the fixed and determinable standard for structured settlement payments and suggest a solution that relies on existing IRS authority.
In this article, we describe the problems with the fixed and determinable standard for structured settlement payments and suggest a solution that relies on existing IRS authority.
Higgins, David M., Qualified Assignments: Repeal or Regulate, Tax Notes Federal, October 19, 2019 (Volume 165, Number 2, Page 263)
In this article, we examine personal injury liability assignments under section 130 and consider whether the statute is unnecessary given the use of life-nonlife consolidated tax returns.
In this article, we examine personal injury liability assignments under section 130 and consider whether the statute is unnecessary given the use of life-nonlife consolidated tax returns.
Higgins, David M., and Guzman, Dr. Janet, Fixing the Definition of Physical Personal Injury, Tax Notes State, January 10l, 2022 (Volume 103, Page 163)
In this article, we explore recent court cases that illustrate how the definition of physical personal injury used by the IRS could be revised to more closely resemble Congressional intent.
In this article, we explore recent court cases that illustrate how the definition of physical personal injury used by the IRS could be revised to more closely resemble Congressional intent.
Higgins, David M., Qualified Settlement Funds: Formation, Operation, and Termination, Tax Notes Federal, August 26, 2019 (Volume 164, Number 9, Page 1395)
In this article, we review recent court decisions on various qualified settlement fund issues, including partial settlements, funding, dispositions of QSF interests, QSF administration, distributions to non-plaintiffs, attorney fee disputes, and defendant reversions.
In this article, we review recent court decisions on various qualified settlement fund issues, including partial settlements, funding, dispositions of QSF interests, QSF administration, distributions to non-plaintiffs, attorney fee disputes, and defendant reversions.
Higgins, David M., Homeless Real Estate Income and COVID-19 Timing Changes, Tax Notes Federal, May 11, 2020 (Volume 167, Number 6, Page 959)
In this article, we discuss timing deadlines in deferred exchanges that have been altered by the COVID-19 disaster declaration.
In this article, we discuss timing deadlines in deferred exchanges that have been altered by the COVID-19 disaster declaration.
Higgins, David M. Which Settlement Fund: Designated, Qualified, or Grantor Trust? Tax Notes Federal, September 9, 2019 (Volume 164, Number 11, Page 1745)
In this article, we explore whether a taxpayer should choose a designated settlement fund, a qualified settlement fund, or a grantor trust when funding a settlement.
In this article, we explore whether a taxpayer should choose a designated settlement fund, a qualified settlement fund, or a grantor trust when funding a settlement.
Higgins, David M., The Origin of the Personal Injury Exclusion, Tax Notes State, August 10, 2020 (Volume 97, Number 6, Page 605)
In this article, we discuss the personal injury exclusion and its history from the adoption of the 16th Amendment, the 1913 Revenue Act, and its codification in 1918 and a faulty Attorney General opinion at its base.
In this article, we discuss the personal injury exclusion and its history from the adoption of the 16th Amendment, the 1913 Revenue Act, and its codification in 1918 and a faulty Attorney General opinion at its base.
Higgins, David M., The Use of Qualified Settlement Funds at the End of a Case, The Advocate, January 24, 2024
In this article, we explain how QSFs are used to avoid conflicts between multiple attorneys and multiple plaintiffs and to provide income to plaintiffs during dispute resolution.
In this article, we explain how QSFs are used to avoid conflicts between multiple attorneys and multiple plaintiffs and to provide income to plaintiffs during dispute resolution.