Its not an NDA.
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On Mar 25, 2026, at 6:26 PM, list
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Sender: Robert Martin
Date: 3/25/2026 6:07:35 PM This goes back to the 2003 dennis rodman case Amos v. Commissioner.
https://www.casemine.com/judgement/us/59147857add7b049343e3e12
the short answer is that if there is no apportionment, the IRS could arbitrarily apportion any amount as attributable to a confidentiality agreement making that amount taxable.
The way I have treated it is to apportion $10 or $100 of the total settlement to the confidentiality agreement. Theoretically, the IRS could disagree with the apportionment. I have never seen it be an issue.
Bob
Robert D. Martin
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Sender: Peter Taglia
A plaintiff’s atty is saying that a confidentiality agreement makes the proceeds taxable
She gave me some cases, involving wage discrimination & punitive damages
any one heard of this BS
t
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