In an issue of first impression, the U.S. Court of Appeals for the First Circuit has set out a test for the tax treatment of the millions of dollars dialysis chain Fresenius Medical Care Holdings, Inc. paid to the government to settle claims it violated the False Claims Act.
Compensatory damages, including single damages under the False Claims Act, are tax deductible, while fines and penalties are not. The federal government argued that Fresenius could not deduct from its tax bill civil penalties that both sides had not agreed were tax deductible.
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