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Rad_trader
New Member

Parent

My father had a car wreck and passed away. Unfortunately he didn't have auto insurance so the other person's insurance is wanting a settlement which im going to personally pay afterwards ill be receiving his "estate" my question is by paying off the settlement to aquire the property can I claim it on my taxes 

3 Replies
Mike9241
Level 15

Parent

no, you can't claim it.  it's his estate that is liable. if his estate was large enough to require the filing of an estate tax return  - form 706 (United States Estate Tax Return)  this could be claimed as a deduction on it.    personal casualty losses are no longer deductible on income tax returns so the settlement can not be claimed on form 1041  (U.S. Income Tax Return for Estates and Trusts) 

Opus 17
Level 15

Parent

You must not “personally“ pay anything.  Your father‘s estate will pay a settlement, if a settlement is required, and you will receive any residual amount in the estate.  You must have competent legal help and tax help in this situation, to avoid serious problems for yourself down the road. Please contact appropriate professionals immediately.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Opus 17
Level 15

Parent


@Mike9241 wrote:

no, you can't claim it.  it's his estate that is liable. if his estate was large enough to require the filing of an estate tax return  - form 706 (United States Estate Tax Return)  this could be claimed as a deduction on it.    personal casualty losses are no longer deductible on income tax returns so the settlement can not be claimed on form 1041  (U.S. Income Tax Return for Estates and Trusts) 


Personal legal settlements, fines and penalties that the taxpayer pays are never tax deductible, they aren't casualty or theft losses.

 

Settlements are sometimes deductible as business expenses if the situation that caused the settlement was part of a business activity (like a slip and fall accident in a store).  In this case it would be handled on the business return, not the personal or estate return. 

 

 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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