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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction -- Ignore unavailable to you. Want to Upgrade?

To: mph who wrote (52580)	10/30/2006 3:31:27 PM
From: MulhollandDrive	Respond to of 90947

I don't think that emotional distress damages or attorneys fees recovered by the plaintiff in such cases should be taxable to the plaintiff. As a practical matter, the taxation provides a disincentive to sue, which may prevent plaintiffs with viable cases from going forward. i think so too....it would seem that to tax emotional damages implies that the particular judgement was some sort of 'windfall' (implicit that the emotional damages aren't 'real')...as a lay person i would see it as either damages are taxable or they are not.... and if the motivation is to prevent frivolous lawsuits with the threat of taxation, i totally disagree with that. the best way to deal with that is 'loser pays'