Litigation

IRC 130 Qualified Assignment Blooper By Forge Consulting

By John Darer

It's time to correct yet another blooper by Forge Consulting, LLC, the firm that brought us "plantiffs", the alleged John Edwards "pay for testimonial" and the notion that it is perfectly OK to sign an affidavit under penalty of perjury that conflicts with your print and  broadcast advertising.

On its website Forge Consulting claims that "Section 130 specifies the requirements to establish a qualified assignment":

• The company assumes the liability from the defendant, who then takes the case off of their books.
• An agreement must be made between the plaintiff and defendant that the payment schedule cannot be altered.
• The annuity may be excluded from the recipient's gross income.
• The injury must be physical in nature.
• A financially sound funding asset, which is usually an annuity, must fund the payments.

COMMENTARY:

Definition of to specify to name or state explicitly or in detail

First, IRC 130(a) states that any amount received for agreeing to a qualified assignment shall not be included in gross income to the extent that such amount does not exceed the aggregate cost of any qualified funding assets.

Then IRC 130(c) states:

The term ''qualified assignment'' means any assignment of a liability to make periodic payments as damages (whether by suit or agreement), or as compensation under any workmen's compensation act, on account of personal injury or sickness (in a case involving physical injury or physical sickness) -
(1) if the assignee assumes such liability from a person who is a party to the suit or agreement, or the workmen's compensation claim, and
(2) if -
(A) such periodic payments are fixed and determinable as to amount and time of payment,
(B) such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments,
(C) the assignee's obligation on account of the personal injuries or sickness is no greater than the obligation of the person who assigned the liability, and
(D) such periodic payments are excludable from the gross income of the recipient under paragraph (1) or (2) of section 104(a).

Forge Consulting is clearly mistaken with what is says is the specifics of Section 130

Don't you think it is essential to tort victims, trial lawyers and judges that those upon whom they rely for financial advice possess the ability to properly articulate the subject matter of their expertise?

Forge Consulting partner, Spooner Phillips, is the membership chairman of the National Structured Settlement Trade Association (NSSTA)

Full post as published by Structured Settlements 4Real on December 14, 2008 (boomark / email).