PartyBear said:
A 15 million dollar benefit of paying Rhule's agreed to damages for breaching his contract for him has large tax consequences for Rhule I would think. 15 million in extra income one doesn't actually see a penny of it seems would require one to have some 5 or 6 million laying around to pay in additional taxes.
This is a common misconception. While the payment of the buyout (either directly by the new employer to the old employer, or as a reimbursement from the new employer to the employee) of a contract structured in the normal arrangement would be considered ordinary income to the coach, he would be able to deduct the amount as a business expense under IRS 162 without limitation.
Regardless of the method by which the payment is structured, the expense meets the IRS's third-party verification standard to classify the expense as a non-itemized deduction. It then, in both effect and substance becomes a wash for the coach for the purposes of net taxation.
When Texas hired Charlie Strong, they tried a different approach. They purchased Strong's contract from Louisville for the same amount as the buyout, then as the owners of his employment contract, renegotiated the contract to the agreed terms. This transaction still failed to eliminate the benefit to Strong of the cancellation of the buyout obligation however, and Strong would still have been required to claim the $4.375M contract purchase price as income, with the offsetting non-itemized deduction.
If the new coach were not allowed the non-limited deduction (for instance, had to claim only a limited itemized deduction, subject to the AMT), can you imagine how difficult it would be for employers in certain locales, like the New York Giants, to hire employees with contract buyouts? The employee would be saddled with additional state and local income tax obligations as well.