§130 — Certain personal injury liability assignments
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Statute Text — 26 U.S.C. §130
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.
In the case of any qualified funding asset—
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
any gain recognized on a disposition of such asset shall be treated as ordinary income.
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)—
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
if—
such periodic payments are fixed and determinable as to amount and time of payment,
such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments,
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
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.
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—
such annuity contract or obligation is used by the assignee to fund periodic payments under any qualified assignment,
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,
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
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.
30 Citing Cases
Section 270 was based on prior section 130 enacted in 1943.
Section 130(f)(8) provides that nb deduction shall be allowed unless the contribution is substantiated in accordance with the terms ofthat section.
Section 130(f)(8) provides that nb deduction shall be allowed unless the contribution is substantiated in accordance with the terms ofthat section. Congress enacted the substantiatión requirements ofsection~170(f)(8) because many órganizations'were failing to inform donorsthat portions ofthe amounts donors paid to those organizations were not deduc
to month.” In some jurisdictions, a month-to-month tenancy is considered a continuous tenancy, and in some it is considered a - 16 - recurring tenancy. See 51C C.J.S., Landlord and Tenant, sec. 145 at 438 (1968); 49 Am.Jur.2d, Landlord and Tenant, sec. 130 (1995). In those jurisdictions that view the tenancy as recurring, the tenancy ends and recommences at the expiration of every month. See 51C C.J.S., Landlord and Tenant, sec. 145 at 438 (1968). It is not clear from the case law whether Nebra