by Structured Settlement Watchdog
In another forum shopping case from the East Coast, the structured settlement watchdog has learned of a deal in which a buyer would purchase distant structured settlement payments of $5891 per month. My first reaction can be summed up by Austin Powers' "bête noir", "Dr. Evil".
The irony is that IRC 5891 is the section of the Internal Revenue Code that deals with the federal rules on structured settlement factoring transactions and the 40% excise tax imposed on the settlement purchaser, that applies to the factoring discount if the rules are not followed. Compliance with the applicable state structured settlment transfer act/structured settlement protection act is a prequisite to a qualified order.
Some believe that a strong enough case of structured settlement forum shopping, particularly if there is a demonstrable pattern and practice could, in some cases, invalidate an order and serve to "contribute to helping our nation's deficit".