2transadentilist
Susie King Taylor2 360x1000
3confidencegames
2gucci
Spottswood William Robinson 360x1000
lifeinmiddlemarch1
AlexRosenberg
Margaret Fuller 2 360x1000
Margaret Fuller5 360x1000
10abion
14albion
Betty Friedan 360x1000
storyparadox3
2lafayette
Mark V Holmes 360x1000
Edmund Burke 360x1000
storyparadox2
LillianFaderman
2defense
12albion
Margaret Fuller2 360x1000
Thomas Piketty1 360x1000
11albion
3albion
Lafayette and Jefferson 360x1000
Learned Hand 360x1000
4confidencegames
1theleasofus
399
13albion
1lafayette
5confidencegames
1confidencegames
Tad Friend 360x1000
1defense
Susie King Taylor 360x1000
9albion
199
James Gould Cozzens 360x1000
7confidencegames
Mary Ann Evans 360x1000
3defense
Samuel Johnson 360x1000
2trap
Thomas Piketty3 360x1000
4albion
1trap
Ruth Bader Ginsburg 360x1000
George M Cohan and Lerarned Hand 360x1000
2confidencegames
Margaret Fuller4 360x1000
Brendan Beehan 360x1000
7albion
Anthony McCann1 360x1000
Margaret Fuller1 360x1000
2falsewitness
1gucci
2lookingforthegoodwar
Stormy Daniels 360x1000
Gilgamesh 360x1000
1albion
3theleastofus
1jesusandjohnwayne
6albion
11632
Margaret Fuller3 360x1000
Richard Posner 360x1000
1paradide
Storyparadox1
2paradise
Thomas Piketty2 360x1000
lifeinmiddlemarch2
1falsewitness
5albion
2theleastofus
2jesusandjohnwayne
8albion'
1madoff
Maria Popova 360x1000
1empireofpain
1lauber
Margaret Fuller 360x1000
1lookingforthegoodwar
1transcendentalist
Office of Chief Counsel 360x1000
6confidencegames
Maurice B Foley 360x1000
2albion
3paradise
499
Anthony McCann2 360x1000
299
George F Wil...360x1000
Adam Gopnik 360x1000

Originally published on Passive Activities and Other Oxymorons on December 6, 2010.

CCA 201047021

This one is of somewhat limited interest and difficult to bring to any length so I’m making it a bonus post.  When someone dies their tax carryovers, capital loss carryovers for examples, die with them.  If there are assets, a new taxpayer is “born”, the decedent’s estate.  Estates are something of a hybrid between individuals and partnerships.  If they retain income the estate pays tax on a compressed version of the individual tax table (same rates, smaller brackets).  If income is distributed it is taxed to the beneficiaries.  Net capital losses, however, are carried forward.  Ultimately estates terminate.  When they do carryovers are flowed through to the beneficiaries.

What happens if an estate goes bankrupt and never distributes anything to anybody ?  In this particular case the decedent had substantial unpaid income tax liabilities.  A settlement was entered into whereby all assets of the estate after administrative expenses went to the United States.  The IRS position outlined in CCA 201047021 is that since the United States was the one suffering from the losses in this case, the empty handed beneficiaries don’t even get a flow through of the capital losses on the estate’s termination.

Section §1.642(h)-3(a) states carryovers and excess deductions pass only to “beneficiaries succeeding to the property of the estate or trust” who are “those beneficiaries upon termination of the estate or trust who bear the burden of any loss for which a carryover is allowed….” In the present case, the individual beneficiaries of the Estate should no longer be considered beneficiaries after the Estate entered into the Settlement Agreement to transfer all the proceeds of the Estate to the United States. This is a distinguishable situation from that set forth in the allocation example. Beneficiaries in that example received a loss carryover despite not receiving any property, but could have received property if the estate had sufficient funds. Here, as a legal matter, the individual beneficiaries could no longer receive anything. Any losses incurred by the Estate were to the detriment of the United States rather than the individual beneficiaries. Therefore, the Estate’s beneficiaries should not be entitled to any of the Estate’s unused loss carryovers under § 642(h)(1).

It  will be interesting to see whether there will be more to read about this in the future.  A CCA is not authority, so if the dollars are big enough the beneficiaries may contest it.