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 5891 Structured Settlement Factoring Transaction
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The IRS Structured Settlement Factoring Audit Technique Guide was revised in 2009 and 2020, but has disappered in 2025 without a trace. The guide contained useful information for someone who wants to know the basis for Structured Settlement Protection Acts and IRC 5891, a section often cited by settlement professionals.
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Does Qualified Assignment Company Related to Structured Settlement Annuity Issuer Have a Duty to Annuitant to Enforce Anti-Assignment Provisions when facing a Structured Settlement Transfer Petition?
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Judge Charles Maxfield granted the long pending New York Life interpleader motion.Until the lawsuit is adjudicated, New York LIfe will make payments to the Court instead of to the structured settlement factoring companies; their investors and/or assignees,
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Why doesn’t JG Wentworth Get Full Credit? 1. A structured settlement IS NOT an annuity 2. According to IRC 5891, the section of the Internal Revenue Code that is the “Mack Daddy”at the core of the stuctured settlement factoring business, JG Wentworth’s business: it is an arrangement.
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A common misconception about structured settlements is that structured settlements are annuities. Structured settlements are not annuities. Structured settlements are a form of settlement that may be partially funded with annuities, although they are not always funded with annuities.
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Good tax policy would eliminate the exemption from the excise tax on structured settlement factoring transactions, to mitigate ways that disabled people, caregiving women and poor communities of color are deprived of resources asserts Karen Czapanskiy. U. of MD School off Law in Baltimore Maryland
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Neither the beneficiary of this structured settlement nor any other assignee shall have the power to assign the periodic payments to any third party without a genuine hardship and even then only with the advice of counsel. Any purported assignment in violation of this provision shall be void ab initio.
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The Barber case highlights the predatory practices of structured settlement factoring companies targeting a minor, Zach Barber, whose settlement was exploited for his father’s debts. Despite court orders protecting Zach, companies like Pinnacle and Sempra circumvented regulations, causing significant financial harm. This tragic situation serves as a cautionary tale for investors in structured settlements.
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The article, by John Darer, discusses the complexities and potential legal issues surrounding factored structured settlement receivables as qualified funding assets. It raises concerns about misrepresentations of structured settlement payment rights, questioning the legitimacy of these agreements and their tax implications under Internal Revenue Code. The author urges readers to seek clarification and professional advice.