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