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Supreme Court Rejects Quality Stores
Groom Law Group Mar. 26, 2014
"[T]he Court expressly states that it does not reach the question of whether the IRS' current exemption under Rev. Rul. 90-72 (when severance payments are tied to state unemployment benefits) is consistent with the broad definition of wages under FICA. This is a big (although generally anticipated) win for the IRS, as it indicated in its brief that over $1 billion of potential refunds were on the line. This should be the final answer on severance payments that fall outside the limited exception of Rev. Rul. 90-72 -- they are subject to FICA (and presumably FUTA) taxes." [U.S. v. Quality Stores, No. 12-140 (S. Ct. Mar. 25, 2014)]
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