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MGC94
Level 7
September 29, 2025
Question

Lawsuit on past commission

  • September 29, 2025
  • 5 replies
  • 23 views
Taxpayer received $96,000 in a lawsuit as an independent contractor. I'm assuming the lawsuit proceeds are taxable as self-employment income and should be reported on Schedule C along with other deposits. Since this money represents unpaid commissions, the taxpayer is allowed to deduct the ordinary and necessary business expenses that would normally apply to those earnings, such as mileage, supplies, and attorney’s fees? 
 
Taxpayer said: 
I wasn’t sure what to do with the lawsuit money we were awarded in February and September. It’s showing as straight income with no expenses. That money represents past commission dollars that the company did not pay us timely and we had to file a suit to get back. It’s from over a two year span of time and would have incurred the typical expenses to earn that money.
In this case, since it is a unique case, would it be acceptable to take a percentage off for expenses?

5 replies

sjrcpa
Level 15
September 29, 2025

Didn't taxpayer deduct their expenses in those years, even if they didn't get paid in full?

The more I know the more I don’t know.
Skylane
Intuit Community Champion
September 29, 2025

the actual expenses should have been deducted in the year(s) they were incurred, you cannot deduct them again. Yes, the income is subject SE 

If at first you don’t succeed…..find a workaround
dd4vols
Intuit Community Champion
September 29, 2025

@sjrcpa  and @Skylane  are both correct in their statements.  In the very unlikely event that this was a totally different revenue source and he did not deduct the expenses connected with those particular earnings, you would have the option of amending the prior year's return to include those expenses, even if that particular revenue stream Schedule C only has expenses and no income. might soften this year's damage a little,

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Just-Lisa-Now-
Intuit Community Champion
September 29, 2025

Did they incur legal expenses?  what kind of expenses would a lawsuit settlement have?

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sjrcpa
Level 15
September 29, 2025

I'm pretty sure the lawyers would have taken a percent for fees.

The more I know the more I don’t know.
BobKamman
Level 15
September 30, 2025

@sjrcpa   Why would you assume that lawyers do contract cases on a contingency basis?  Yes, some of them do, but often when it has already gone to judgment and it's just collection work.  Enforcing a contract is not like paying chiropractors for whiplash.  Businesses, unlike bad drivers, don't have insurance policies to pay contract debts.  Lawyers know that contract judgments can be discharged in bankruptcy, so that even if you win it's uncertain whether you will collect.  

I wonder what is meant by "we had to file a suit."  Maybe there were twenty people in the same situation, not really enough for a class action, but they each chipped in $1,000 and that was enough to convince the defendant to settle because otherwise the contract might have said that the winner had to pay the loser's fees.  That fee should have been deducted in the year paid. 

Even if just one plaintiff is involved, there's not enough information here to know what expenses were paid, or in what year.  To answer the question: No, this doesn't sound unique, it sounds run of the mill, and you can't "take a percentage off for expenses."

MGC94
MGC94Author
Level 7
October 11, 2025

 A change in the story. 

1099-NEC for past due comp was $53,963.

Settlement not included in 1099-NEC $51,289.78

How should I report the settlement? (no tax form) 

MGC94
MGC94Author
Level 7
October 11, 2025

The amount represents damages and interest that our lawyer said we shouldn’t be paying taxes on but to defer to our account 

That number also includes a 7% interest that I should not be paying taxes on

Settlement not included in 1099-NEC $51,289.78

BobKamman
Level 15
October 11, 2025

“Defer to our account(ant?)”

IRS would probably argue that the interest is subject to SE tax if the underlying claim involved SE income. It’s an “interest”ing topic.

You really need more details about what this claim involves. Just a guess, was the $51,289 for legal fees paid before the case was settled?