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diggity_ma

Lawsuit with builder - taxable?

diggity_ma
16 years ago

Very long story very short - our builder did a lousy job of preparing our lot. He overblasted (without a permit!) and instead of digging down to virgin ledge or bringing in compacted fill, he poured the foundation on the blasted material. Consequently we have MAJOR settling problems (The center of our basement floor is 3 inches higher than the perimeter!).

Anyway, he made no effort to fix it for us so we filed a suit against him. Two years later, we are finally very close to settling with his insurance company. All of a sudden it hit me - are we going to have to pay taxes on the settlement?

The settlement we negotiated is just BARELY enough to fix the problem, so if the IRS tries to take their pound of flesh, we won't have enough. I'm really worried and not sure if we should sign the settlement papers before we get the question answered. The paperwork requested that we fill out a W-9 form - is this an indication that it's taxable?

I would have asked our lawyer but he is away for the next few days and I'm sitting here on pins and needles so to speak and wondering if we should accept the settlement or demand more to cover what the IRS will take. Any advice is appreciated!

Thanks!

-Diggity

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