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