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    Sixth Circuit Court of Appeals holds certain severance payments are not subject to FICA tax
    2012-09-19

    On September 7, the Sixth Circuit Court of Appeals issued a decision (United States v. Quality Stores, Inc.) holding that certain severance payments are not "wages" subject to Federal Insurance Contributions Act (FICA) tax, and upheld a bankruptcy court’s decision ordering a full refund of more than $1 million of FICA taxes paid by an employer with respect to severance payments it made to employees whose positions were eliminated in connection with the bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Tax, Bass Berry & Sims PLC, Wage, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Bass Berry & Sims PLC
    Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
    2012-09-10

    In an important recent decision, United States v. Quality Stores, Inc., et al.,1 in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    Robert S. Hertzberg , Michael H. Reed , Lisa B. Petkun
    Location:
    USA
    Firm:
    Troutman Pepper
    When laws collide: U.S. Attorney’s Office addresses tax consequences of paying wages to a bankruptcy trustee
    2008-11-14

    The Friday, October 10, 2008, edition of The State newspaper (Columbia, South Carolina) carried an article about the possible Wells Fargo-Wachovia merger. The article stated the merger could cause “major job cuts.” In an economic downturn such as the current one, employees are going to suffer job losses. Any employment attorney will tell you that will result in more employment-related lawsuits being filed by former employees against their former employers. Any bankruptcy attorney will tell you that will result in increased bankruptcy filings.

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ogletree Deakins, Wage, Bankruptcy, Interest, Income tax, Withholding tax, Federal Insurance Contributions Act tax, Form 1099, Internal Revenue Service (USA), Wells Fargo, Internal Revenue Code (USA), Certified Public Accountant
    Location:
    USA
    Firm:
    Ogletree Deakins
    New decision supports FICA exclusion for severance paid in RIF or plant closing
    2010-02-28

    A recent decision provides new support for excluding a broad range of severance pay from FICA taxes—a position undercut by the taxpayer’s loss in CSX Corp. v. United States, 518 F.3d 1328 (Fed. Cir. 2008). United States v. Quality Stores Inc., (W.D. Mich., Feb. 23, 2010), affirms a bankruptcy court’s conclusion that, contrary to Revenue Ruling 90-72, 1990-2 C.B.

    Filed under:
    USA, Michigan, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Wage, Federal Reporter, Income tax, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit
    Authors:
    Carin C. Carithers , Margaret de Lisser , Kurt L.P. Lawson , William L Neff , Joseph R. Rackman
    Location:
    USA
    Firm:
    Hogan Lovells
    Quality Stores: the taxpayer wins again on tax refund for severance pay
    2010-03-18

    2006 FICA Refund Claims Due April 15, 2010

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Wage, Bankruptcy, Debtor, Statute of limitations, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit, US Court of Federal Claims
    Authors:
    Timothy Jessell
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    From the top in brief - March/April 2014
    2014-03-31

    In its first bankruptcy decision of 2014 (October Term, 2013), the U.S. Supreme Court held on March 4, 2014, in Law v. Siegel, No. 12-5196 (Mar. 4, 2014) (available athttp://www.supremecourt.gov/opinions/13pdf/12-5196_8mjp.pdf), that a bankruptcy court cannot impose a surcharge on exempt property due to a chapter 7 debtor's misconduct, acknowledging that the Supreme Court's decision may create "inequitable results" for trustees and creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Federal Insurance Contributions Act tax, United States bankruptcy court, Third Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    From the top
    2015-02-03

    In its first bankruptcy decision of 2014 (October Term, 2013), the U.S. Supreme Court held on March 4, 2014, in Law v. Siegel, 134 S. Ct. 1188 (2014), that a bankruptcy court cannot impose a surcharge on exempt property due to a chapter 7 debtor’s misconduct. In reversing a ruling by the Ninth Circuit, Law v. Siegel (In re Law), 2011 BL 148411 (9th Cir. June 6, 2011), cert. granted, 133 S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal Insurance Contributions Act tax, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
    2012-09-10

    In an important recent decision, United States v. Quality Stores, Inc., et al.,1 in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    Michael H. Reed , Lisa B. Petkun
    Location:
    USA
    Firm:
    Troutman Pepper
    New decision supports FICA exclusion for severance paid in RIF or plant closing
    2010-02-28

    A recent decision provides new support for excluding a broad range of severance pay from FICA taxes—a position undercut by the taxpayer’s loss in CSX Corp. v. United States, 518 F.3d 1328 (Fed. Cir. 2008). United States v. Quality Stores Inc., (W.D. Mich., Feb. 23, 2010), affirms a bankruptcy court’s conclusion that, contrary to Revenue Ruling 90-72, 1990-2 C.B.

    Filed under:
    USA, Michigan, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Wage, Federal Reporter, Income tax, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Hogan Lovells

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