What can I deduct related to unlawful discrimination claims?

Only enter attorney fees and court costs for actions involving certain unlawful discrimination claims. Your deduction can't be more than the amount of income you reported from the suit.

Additional Information

You may be able to deduct attorney fees and court costs paid to recover a judgment or settlement for a claim of unlawful discrimination under various provisions of federal, state, and local law listed in section 62(e), a claim against the U.S. Government, or a claim under section 1862(b)(3)(A) of the Social Security Act. The following rules apply:
  • The attorney fees and court costs may be paid by you or on your behalf in connection with the claim for unlawful discrimination, the claim against the U.S. Government, or the claim under section 1862(b)(3)(A) of the Social Security Act.
  • The deduction you're claiming can't be more than the amount of the judgment or settlement you're including in income for the tax year.
  • The judgment or settlement to which your attorney fees and court costs apply must occur after October 22, 2004.
  • If you receive damages under a written binding agreement, court decree, or mediation award that was in effect (or issued on or before) September 13, 1995, don't include in income any of those damages received on account of personal injuries or sickness.
Where do I enter other attorney fees and court costs?.

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