PatriciaV
Employee Tax Expert

Retirement tax questions

Yes, the entire amount received that is in "excess" of your refund is taxable income, including punitive damages (penalties). The portion that is restitution is not taxable. Form 1099-MISC that you received should have all the information you need. Any version of TurboTax for Desktop can be used to report this income.

The attorney fees, which includes any amount paid to the attorney, may be claimed under the Deductions and Credits >> Other Deductions >> Legal Fees.

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