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

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.