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As a featured commentator on The Legal Broadcast Network, Settlement Capital will be providing weekly commentary in both written and audio format for trial lawyers, settlement professionals and others interested in knowing more about the factoring transaction process.

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The Settlement Channel, the home for Settlement Professionals on the web. Settlement Capital is a featured commentator for The Settlement Channel on the topic of factoring.

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Thursday
05Apr2007

Video Interview on Accelerations and Commutations

At the end of last year, Robert Wood, noted tax attorney and frequent commentator on tax issues, wrote an article on insurance company commutations. Mr. Wood’s article called into question the recent practice of a small number of structured settlement annuity companies who have begun offering annuitants a commutation option. Wood questions this practice and postulates that such commutations, no matter if guised as an IRC 5891 factoring transfer or not, may fall afoul of other applicable provisions of the tax code, most notably § 130. His conclusion is that there is a significant and perilous difference between factoring (by a 3rd party) and acceleration or commutation.

I originally commented on this important article in my January 4, 2007 article “Insurance Company Commutations: The 3rd Shoe Drops.” As a follow-up to that article, Mark Wahlstom of the Legal Broadcast Network and host of the Settlement Channel interviewed me.

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