- 18 - 429 (7th Cir. 1970); Eisler v. Commissioner, 59 T.C. 634 (1973); Old Town Corp. v. Commissioner, 37 T.C. 845 (1962); Oliver v. Commissioner, T.C. Memo. 1997-84. A settlement payment has business origin when the transaction or activity causing the litigation originates in a trade or business; the potential consequences of a failure to prosecute or defend the litigation are secondary. See Woodward v. Commissioner, 397 U.S. 572, 577 (1970); United States v. Gilmore, 372 U.S. 39, 44-51 (1963); Wells Fargo & Co. v. Commissioner, supra at 887; Anchor Coupling Co. v. United States, supra at 433. The courts have created three independent tests which are helpful to determine whether a settlement payment with a business origin is deductible. These tests are (1) whether the taxpayer/payor lacked confidence that it would have prevailed in the lawsuit if it was not settled, (2) whether the taxpayer/payor made the payment to avoid damages or liability which might have resulted in the absence of the settlement, and (3) whether the belief held by the taxpayer/payor concerning the validity of the claim against him or her was justified to the extent that a reasonable person in his or her place would have thought that settlement was necessary. Old Town Corp. v. Commissioner, supra at 858-859. An answer in the affirmative to any of these tests tends to establish that the settlement payment is deductible under section 162(a).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011