Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
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about
Category: IRC 468B Qualified Settlement Fund
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Qualified settlement funds involving a single claimant were once heavily promoted by single claimant “QSF jockeys” as a method to get around insurance company approved lists and get a “full market survey”, The reality is anything but today. The status quo has changed.
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I have a great deal of respect for David Higgins, as an attorney I’ve had the experience of working with, but the recommendation seems to have a narrow application (personal injury) and in my opinion, judging solely on Babener’s commentary, the variables have not been completely thought through.
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A great question when one looks at thel usage of qualified settlement funds in mass tort cases and other large settlements. The answer turns on the FDIC’s recognition of a fiduciary relationship and the ability to prove that each claimant has an identifiable interest in the fund.
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It was a case of “Dick’ not getting ‘Jack’ when, as expected, the Treasury Panel conducting yesterday’s IRC 104(a)(2 hearing) stuffed ‘forum shopping’ interlopers Jack Meligan and Dick Risk by stating that the hearing WAS NOT the forum IRC 468B single claimant qualified settlement funds.
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Jack Meligan inaccurately generalized that NSSTA and its membership do not care about people with disabilities, when NSSTA is one of the largest donors and many of its members are actively involved with the American Association of Persons With Disabilities (AAPD)
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The proposed regs would eliminate the requirement that damages be based on “tort or tort type rights” in order to qualify for the section 104(a)(2) tax exclusion, and Incorporate 1996 legislation requiring that personal injuries and sickness damages be “physical” in order to qualify for the 104(a)(2) tax exclusion