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settlement payment rights, means any of the following authorities | that definitively establishes that the federal income tax treatment | of the structured settlement for the parties, other than the payee, | to the structured settlement agreement and any qualified assignment | agreement will not be affected by that transfer: |
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| A.__A provision of the United States Internal Revenue Code | or a United States Treasury regulation adopted pursuant to | the code; |
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| B.__A revenue ruling or revenue procedure issued by the | United States Internal Revenue Service; |
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| C.__A private letter ruling by the United States Internal | Revenue Service with respect to that transfer; or |
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| D.__A decision by the United States Supreme Court or a | decision of a lower federal court in which the United States | Internal Revenue Service has acquiesced. |
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| | 6.__Federal hardship standard.__"Federal hardship standard" | means a federal standard applicable to transfers of structured | settlement payment rights based on findings of a court or | responsible administrative authority regarding the payee's needs, | as contained in the United States Internal Revenue Code or in a | United States Treasury regulation adopted pursuant to the code. |
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| | 7.__Independent professional advice.__"Independent | professional advice" means advice of an attorney, certified | public accountant, actuary or other licensed professional | advisor: |
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| A.__Who is engaged by a payee to render advice concerning | the legal, tax and financial implications of a transfer of | structured settlement payment rights; |
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| B.__Who is not in any manner affiliated with or compensated | by the transferee of that transfer; and |
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| C.__Whose compensation for rendering advice is not affected | by whether a transfer occurs or does not occur. |
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| | 8.__Interested parties.__"Interested parties" means the payee, | any beneficiary designated under the annuity contract to receive | payments following the payee's death, the annuity issuer, the | structured settlement obligor and any other party that has | continuing rights or obligations under the structured settlement. |
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| | 9.__Payee.__"Payee" means an individual who is receiving tax- | free damage payments under a structured settlement and |
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