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Form #837Tax Status of Settlement Fund
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Tax status of settlement
fund.
The _________[name of fund] Settlement Fund
shall be established and maintained as a "qualified settlement fund"
as defined in Section 468B of the Internal Revenue Code of 1986, as amended,
and the Treasury Regulations promulgated thereunder. The _________[name of
fund] Settlement Fund shall be administered by _________, Esq., or such
other person as the Court may appoint (the 'Fund Agent'), under the continuing
jurisdiction and supervision of the Court and for the benefit of the settlement
class. Any and all interest, dividends and earnings on cash or securities
deposited in the _________[name of fund] Settlement Fund shall be for
the benefit of the _________[name of fund] Settlement Fund, and all
income taxes or other liabilities with respect to such interest, dividends and
earnings shall be the responsibility of the _________[name of fund]
Settlement Fund. Cash deposited in the _________[name of fund]
Settlement Fund shall be invested in federal government obligations, in a manner
intended to achieve maximum earnings consistent with safety and appropriate
liquidity to pay claims without undue delay. _________[name of fund]
may, in its discretion and at its own cost, seek a private letter ruling from
the Internal Revenue Service regarding the tax status of the _________[name
of fund] Settlement Fund. The parties agree to negotiate in good faith any
changes to this Agreement necessary to maintain the _________[name of fund]
Settlement Fund's tax- qualified status and to preserve the tax-deductible
status of _________[name of fund]'s payments thereto.
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site.
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or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
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form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
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Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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