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Level 2
April 12, 2022
Question

Lawsuit settlement

  • April 12, 2022
  • 6 replies
  • 18 views

I received a settlement as a member of a class.  With the check, I received a letter stating the settlement funds were considered to be recovered retirement benefits.  The letter also stated the law firm had decided to issue a 1099-misc instead of 1099 R as it would save them and us time and money.   How do I show this as retirement funds instead of wages since the 1099-misc section doesn't give me that option and I'm sure I'm being taxed higher as a result.  What really stinks is the fact that the lawsuit was against the feds. 🙂

6 replies

Mike9241
Level 15
Level 15
April 12, 2022

if you had no tax basis, for federal purposes a 1099-R vs a 1099-MISC won't matter they get taxed the same.

1099-misc box 3 other income.   for some states it may well matter because they don't tax retirement benefits or give them preferential treatment. 

Mike9241
Level 2
April 13, 2022

Thanks Mike, I was hoping that if it were classified as retirement income it might be different.  It just burns a little since this was retirement income from the Federal Government. 🙂