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February 5, 2025
Question

Wrongful termination settlement legal fees

  • February 5, 2025
  • 1 reply
  • 0 views
  • I received a 1099 miscellaneous From Lawsuit That I I won due to wrongful termination the 1099 miscellaneous included my lawyer's fees however I have learned that I am able to write the attorney's fees off due to the type of settlement I won I was told to put this online 24-h however on the adjustment income worksheet however it allows me to put it on the form but it doesn't correct the amount on line 25 and 26..

1 reply

KrisD15
February 5, 2025

If the settlement was based on unlawful discrimination, the attorney fees may be deducted. 

 

TurboTax does not support listing that deduction on Schedule 1 Line 24h but you can report it on Schedule 1 Line 24z with a description using the TurboTax software by following the steps below:

 

Enter the 1099-MISC under

Wages & Income

1099-MISC and Other Common Income

Income from Form 1099-MISC    START

 

Once that entry is done, go to:

Wages & Income

Less Common Income

Miscellaneous Income, 1099-A, 1099-C    

Other reportable income    START

 

Type "Attorney Fees" or something similar for the Description 

Enter the amount of the attorney fees AS A NEGATIVE NUMBER  (put a minus sign in front (-) )

 

According to the IRS:

“Enter attorney fees and court costs for actions involving certain unlawful discrimination claims, but only to the extent of gross income from such actions” 

 

According to the IRS:

“You may be able to deduct attorney fees and court costs paid to recover a judgment or settlement for a claim of unlawful discrimination under various provisions of federal, state, and local law listed in section 62(e), a claim against the U.S. Government, or a claim under section 1862(b)(3)(A) of the Social Security Act. You can claim this deduction as an adjustment to income on Schedule 1 (Form 1040), line 24h. The following rules apply. 

• The attorney fees and court costs may be paid by you or on your behalf in connection with the claim for unlawful discrimination, the claim against the U.S. Government, or the claim under section 1862(b)(3)(A) of the Social Security Act. 

• The deduction you're claiming can't be more than the amount of the judgment or settlement you're including in income for the tax year. 

• The judgment or settlement to which your attorney fees and court costs apply must occur after October 22, 2004.”

 

 

 

 

 

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