Thank you for the additional information.
I apologize for taking so long.
Where it is not specifically mentioned in the regulations, the IRS bases the decision on the charachter of the settlement and what the settlement replaces.
So in general:
1. If a portion of the settlement is apportioned to replacing (or addional) personal injury form the orignal law suit, that portion would be non-taxable.
2. If a portion or all of the settlement is to replace beneifts of anykind, such as the lost personal injury determination then it is non-taxable.
3. However, if a portion or all of the settlement is punative then it is taxable. Most mal practice law suits, where personal injury specifically is not part of it, are taxable.
4. If a portion of this settlemen is for replacing income (lost wages) then it is not taxable.
Most settelments of this nature are punative or compensatory; however the INTENTION, if not stated in the language of the settlemen is what wins the day.
If the settlemen was to replace the lost physical injury damages, that occured as a result of the mal practice, then it would not be taxable.
You need to get that language worked out with the settlement, or go for an after tax figure.