A recovery is a return of an amount you deduc-ted or took a credit for in an earlier year. The most common recoveries are refunds, reimbursements, and rebates of itemized deductions. You may also have recoveries of nonitemized deductions (such as payments on previously deducted bad debts) and recoveries of items for which you previously claimed a tax credit.
Tax benefit rule. You must include a recovery in your income in the year you receive it up to the amount by which the deduction or credit you took for the recovered amount reduced your tax in the earlier year. For this purpose, any increase to an amount carried over to the current year that resulted from the deduction or credit is considered to have reduced your tax in the earlier year.
if you deducted the legal fees paid any recovery up to the amount deducted would be taxable. Whether any amount not specified as a recovery of the fees is taxable depends on the nature of the lawsuit.
When determining whether a settlement or judgment is taxable or not, it is easiest to start with the premise or generality that virtually all judgments or settlements are taxable. The general exception to this general rule is that settlements and judgments where the underlying claims are based on some type of personal injury or sickness.
Settlement funds and judgments that compensate for physical injuries or sickness are generally excludable from taxable income. However, an exception to this rule is that funds used to compensate for medical expenses that were previously deducted for a tax benefit in prior tax years may not be excludable as income, even if the funds are based on an underlying physical injury or sickness.
Another red-herring that tends to be audit fodder is compensation for emotional distress. Compensation for emotional distress is excludable from taxable income if the distress compensated for flows directly from some type of underlying physical injury or sickness. However, compensation for emotional distress as a standalone tort claim, or that is not based on some actual physical injury or sickness is actually considered taxable income. Lastly, punitive damage awards are also generally taxable, even if they are based on a physical injury or sickness.
