Tax implications? Settlement in lieu of suit

Mar 02, 2018 1 Replies

I need to be a bit vague and hypothetical about this one. Suppose the following:



(1) A New York State resident and his siblings have had a long- running issue with medical treatment given a now-deceased parent in a Maryland old-age home.



(2) That they have been clear that they don't want to sue, but were keeping it as an option; no suit has yet been filed.



(3) The home offers a settlement that would pay each sibling between $5,000 and $10,000.



My question: Under those circumstances, would any Federal or New York State tax be due on such a settlement? If so, how should the siblings report it? Is withholding mandatory, or can they opt out as with most types of payments?


Does the settlement agreement say exactly what the money is for?

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