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Expert Analysis

How Tax Reform Will Change FCA Settlements

By Douglas Baruch, John Boese and Jennifer Wollenberg (January 12, 2018, 1:16 PM EST) -- While most of America has focused on more prominent features of the new tax law — such as changed corporate tax rates, increased standard deductions, and limitations on the deductibility of state and local taxes — very little attention has been paid to a less prominent provision that is sure to impact False Claims Act and other settlements involving the government going forward. That provision amends the Internal Revenue Code by, among other things, mandating that federal agencies specify, at the time of settlement of government claims, the portion of the settlement that may be deductible as a business expense....

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