| TAX CONSEQUENCES TO A PAYOR FOR A DAMAGES AWARD |
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| When a defendant has been ordered to pay a plaintiff damages in a tort action or has agreed to pay damages to the plaintiff under a settlement agreement, the damages that are paid by the defendant are generally treated for tax purposes as any other expenses that are paid by the defendant. The damages will generally be deductible if they are paid by the defendant directly and are not paid by the defendant's insurance company. The damages will generally be considered to be an ordinary business expense unless they relate to a capital asset and are considered to be a capital expenditure. Capital expenditures are not deductible. They can only be added to the defendant's basis for the capital asset.
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| Appropriation Lawsuits |
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| Privacy is the general right to be left alone and free from unwanted publicity. There are four well-established lawsuits for invasion of privacy: appropriation, false light, intrusion, and disclosure. This article gives examples of appropriation lawsuits. Appropriation is defined as the use of a person's name, likeness, or personality for the benefit of another. Defenses include that the matter is public or that the person who's privacy was invaded gave consentMore... |
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| Federal Volunteer Protection Act - Exceptions |
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| The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, a volunteer is not immune from liability for such harm if:More... |
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| Real Estate |
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| Every property owner is entitled to use his land in a reasonable way. His use, however, may exceed the bounds of reason and become an inconvenience or even a nuisance to others. A nuisance is more than a mere inconvenience that has to be tolerated. If a nuisance rises to a certain level, it may be actionable. Some examples of nuisances include odors and noise.More... |
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| Pain and Suffering Damages |
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| An injured plaintiff has the right to recover damages for pain and suffering that he might suffer as a result of a defendant's tortious act against the plaintiff. Pain and suffering damages frequently constitute the largest portion of personal injury awards. More... |
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