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Supreme Court Holds That Severance Pay Is Generally Subject to FICA, But SUB Payments Remain Exempt -- for Now
Winston & Strawn LLP Link to more items from this source
Mar. 27, 2014

"While declining, based on the facts of Quality Stores, to extend its holding to all SUB payments, the Court alluded to the inconsistency in this position -- why should SUB payments be exempt from FICA taxation when other severance payments are not? How are the Revenue Rulings exempting severance payments tied to the receipt of state unemployment benefits from FICA consistent with the plain meaning of the FICA statute?" [U.S. v. Quality Stores, No. 12-140 (S. Ct. Mar. 25, 2014)]

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