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The Supreme Court has agreed to hear a case regarding whether or not severance pay is subject to FICA. The case is United States v Quality Stores. A decision is not anticipated before June 2014.

If you received severance pay in 2010 (the earliest open year) and FICA was withheld you should consider filing a refund claim before 4/15/2014. You might want to wait a couple of months before filing since often the IRS will set up a special internal procedure for holding these claims until the court case is resolved.

Phil
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If you received severance pay in 2010 (the earliest open year) and FICA was withheld you should consider filing a refund claim before 4/15/2014.

How would one go about filing a refund claim?

- zol
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If you received severance pay in 2010 (the earliest open year) and FICA was withheld you should consider filing a refund claim before 4/15/2014. You might want to wait a couple of months before filing since often the IRS will set up a special internal procedure for holding these claims until the court case is resolved.

Phil
Rule Your Retirement Home Fool

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Isn't it up to the company/employer, who files the 941, to file any claims involved?

Bill
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How would one go about filing a refund claim?

For this type of tax Form 843. Note that ordinarily you must get a refund of overpaid single-employer FICA from your employer, but since we're talking about severance I'm assuming the claimant no longer works for that employer.

Phil
Rule Your Retirement Home Fool
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