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Maximizing the medical care exception to the tax on emotional distress damages (access required)

  By JEREMY BABENER, Special to Lawyers Weekly jbabener@taxstructuring.com   When clients receive personal injury damages in a settlement or award, their tax liability can make the difference between a sufficient and an insufficient recovery. For those plaintiffs receiving damages on account of a "physical" injury, § 104(a)(2) generally prevents such liability. However, non-physical damages like emotional distress are typically ...

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