The Structured Installment Sale (SIS) has emerged as an innovative and practical solution for tax deferral and income security in the sale of appreciated assets—particularly in the business and real estate sectors. For sellers seeking to manage the tax impact of capital gains and create predictable future income, SIS transactions offer a unique blend of...
Introduction Stephen Harris, who represented defendant Transamerica in the Cordero case, and prominent plaintiff attorney Edward Stone debated the Cordero case during the Society of Settlement Planners (SSP) Annual Conference on March 6, 2023 in Nashville. Their informative and entertaining Nashville presentation occurred prior to more recent decisions by the State of New York Court...
Should structured settlement and settlement planning professionals be required to act, or hold themselves accountable to act, in the “best interest” of a personal injury settlement recipient when making a structured settlement recommendation? And what would, or should, define “best interest” in that context? Best Interest Applied to Secondary Market Transfers “Best interest” is a...
Most members of the structured settlement primary market should be thankful for, if not celebrating, the majority decision in the Cordero v. Transamerica case decided by the State of New York Court of Appeals on April 25, 2023. The decision favoring Transamerica avoided what the National Structured Settlement Trade Association (NSSTA) had argued in its...
Introduction A single structured settlement often involves multiple areas of law – including tort, tax, contract, Social Security, insurance, to name just a few. Sometimes laws impacting a structured settlement not only overlap but also conflict thereby creating potential problems and/or confusion. For example, although structured settlement periodic payments generally are excluded from federal income...
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