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