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Juney4
New Member

In a noninjury forest fire everything burned, insurance paid, and in court I was awarded $500,000 less $200,000 for attorneys. Do I owe taxes on the entire $500,000?

My house, outbuildings, everything including trees burnt in a forest fire allegedly started due to negligence of a utility company. My homeowners insurance paid me for the damage done to structures, gardens, farm equipment and things like the well, but a suit was started for items that were personal and could not be replaced and etc. At a settlement, I received $500,000 less $200,000 that I agreed to being charged for attorney fees, expert fees, and others hired by my attorneys for their expertise in various professional fields. Am I liable for the taxes on the entire amount of $500,000?

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PatriciaV
Employee Tax Expert

In a noninjury forest fire everything burned, insurance paid, and in court I was awarded $500,000 less $200,000 for attorneys. Do I owe taxes on the entire $500,000?

Unfortunately, the total amount of the settlement is considered taxable income. You may be able to claim the legal fees as a Miscellaneous Itemized deduction.

Taxable legal settlements are entered under Income from 1099-MISC, even if you didn't receive Form 1099-MISC.

See these instructions:
https://ttlc.intuit.com/replies/3302162

You may be able to deduct the legal fees, although the rules are complex. Legal Fees are included on Schedule A as a Miscellaneous Itemized Deduction, subject to a 2% limitation based on your Adjusted Gross Income. (TurboTax will make this determination for you.)

Search on "legal expenses, deduction" and click the "jump to" link to go directly to the start of this topic. Be sure to read the blue links ("Learn More") on the interview pages.

For more help, see IRS Settlements Brochure

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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3 Replies

In a noninjury forest fire everything burned, insurance paid, and in court I was awarded $500,000 less $200,000 for attorneys. Do I owe taxes on the entire $500,000?

Did you receive a Form 1099?   If so, what does it show, $500,000 or $300,000?

What does the court settlement actually state?
**Disclaimer: Effort has been made to offer correct information; but due to the discussion forum limitations, the poster disclaims any legal responsibility for the accuracy of the poster's response**
Juney4
New Member

In a noninjury forest fire everything burned, insurance paid, and in court I was awarded $500,000 less $200,000 for attorneys. Do I owe taxes on the entire $500,000?

Thank you so much for answering my question. I am getting a bit ahead of myself as I've just signed the release a day ago agreeing to the settlement so no 1099 yet or anything beyond what I was verbally told and what I read in the release. In spite of that you have answered questions that were on my mind and I now believe I know what to do for next years taxes. I thank you very much.
PatriciaV
Employee Tax Expert

In a noninjury forest fire everything burned, insurance paid, and in court I was awarded $500,000 less $200,000 for attorneys. Do I owe taxes on the entire $500,000?

Unfortunately, the total amount of the settlement is considered taxable income. You may be able to claim the legal fees as a Miscellaneous Itemized deduction.

Taxable legal settlements are entered under Income from 1099-MISC, even if you didn't receive Form 1099-MISC.

See these instructions:
https://ttlc.intuit.com/replies/3302162

You may be able to deduct the legal fees, although the rules are complex. Legal Fees are included on Schedule A as a Miscellaneous Itemized Deduction, subject to a 2% limitation based on your Adjusted Gross Income. (TurboTax will make this determination for you.)

Search on "legal expenses, deduction" and click the "jump to" link to go directly to the start of this topic. Be sure to read the blue links ("Learn More") on the interview pages.

For more help, see IRS Settlements Brochure

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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