|
Section 130 U.S. Code
Certain personal injury liability assignments
(a) In general 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.
(b) Treatment of qualified funding asset In the case of any qualified
funding asset -
(1) the basis of such asset shall be reduced by the amount excluded
from gross income under subsection (a) by reason of the purchase of
such asset, and
(2) any gain recognized on a disposition of such asset shall be treated
as ordinary income.
(c) Qualified assignment For purposes of this section, 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). The determination
for purposes of this chapter of when the recipient is treated as having
received any payment with respect to which there has been a qualified
assignment shall be made without regard to any provision of such assignment
which grants the recipient rights as a creditor greater than those of
a general creditor.
(d) Qualified funding asset For purposes of this section, the term "qualified
funding asset" means any annuity contract issued by a company licensed
to do business as an insurance company under the laws of any State, or any
obligation of the United States, if -
(1) such annuity contract or obligation is used by the assignee to
fund periodic payments under any qualified assignment,
(2) the periods of the payments under the annuity contract or obligation
are reasonably related to the periodic payments under the qualified
assignment, and the amount of any such payment under the contract or
obligation does not exceed the periodic payment to which it relates,
(3) such annuity contract or obligation is designated by the taxpayer
(in such manner as the Secretary shall by regulations prescribe) as
being taken into account under this section with respect to such qualified
assignment, and
(4) such annuity contract or obligation is purchased by the taxpayer
not more than 60 days before the date of the qualified assignment and
not later than 60 days after the date of such assignment.
|