Tax Settlements to Exonerated Prisoners: A Way to Avoid this Tax Problem

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Tax Settlements to Exonerated Prisoners: A Way to Avoid this Tax Problem

Federal Congressmen introduced a bill on March 22, 2012 that would prohibit the Internal Revenue Service from taxing settlements awarded to anyone wrongfully convicted of a crime and then exonerated later. These wards are typically paid out by the State or City who wrongfully convicted the person.

The Wrongful Convictions Tax Relief Act of 2012 would amend the Internal Revenue Code to provide tax benefits to individuals who have been wrongfully incarcerated. The bill would avoid a tax problem by allowing the individual who is exonerated to receive damage awards that are tax-free. At this time, generally the only way the a person wrongfully convicted can  receive their award free of state and federal taxes is to show that the award was the result of a personal physical injury.

Currently, the IRS only allows damages to be tax-free if the wrongfully imprisoned person was physically injured or sick while they were unlawfully jailed (See Office of Chief Counsel Memorandum Number 201045023). If an exoneree was not physically injured or sick, the Tax Court has suggested in recent rulings that those individuals may be taxed on their award.

New York State · DTF

NY Penalty & Interest Calculator

Estimate the penalties and daily-compounding interest the New York State Department of Taxation and Finance may add to unpaid personal income tax or sales & use tax — and see what it grows to if left unresolved.

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Personal income tax is usually due April 15.
An extension to file is not an extension to pay — interest and the late-payment penalty still apply.
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The cost of waiting

If this balance stays unresolved, here's roughly where it heads — penalties keep climbing to their caps and interest compounds every day.

You don't have to face New York State alone

Timothy S. Hart is a New York tax attorney and CPA who helps individuals and businesses address penalty abatement, payment plans, and other relief options with the NY DTF.

Estimate only — not legal or tax advice. This tool estimates New York State civil penalties and daily-compounding interest for personal income tax (Tax Law §685) and sales & use tax (Tax Law §1145), using published NY DTF rates for January 1, 2024 through December 31, 2026. Interest rates are set quarterly and change during the year, and your actual liability depends on the Department's assessment, any payments or credits applied, and facts specific to your situation. It does not calculate corporation, withholding, or estimated-tax penalties, or criminal penalties. Verify figures against the NY Department of Taxation and Finance or with a tax professional. Using this tool does not create an attorney-client relationship, and no particular outcome (including penalty abatement) is promised or guaranteed.

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Tax attorney Timothy S. Hart

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Tax attorney Timothy S. Hart

Attorney Timothy Hart

Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations.