9albion
George M Cohan and Lerarned Hand 360x1000
AlexRosenberg
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Office of Chief Counsel 360x1000
Susie King Taylor2 360x1000
2trap
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Richard Posner 360x1000
1lauber
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Ruth Bader Ginsburg 360x1000
3defense
storyparadox3
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10abion
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Margaret Fuller1 360x1000
Maurice B Foley 360x1000
2confidencegames
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2falsewitness
6confidencegames
2lookingforthegoodwar
399
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2transadentilist
1lafayette
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299
1jesusandjohnwayne
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3paradise
14albion
12albion
3confidencegames
199
James Gould Cozzens 360x1000
Anthony McCann2 360x1000
4albion
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1trap
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3theleastofus
Margaret Fuller 2 360x1000
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Maria Popova 360x1000
Storyparadox1
5albion
George F Wil...360x1000
2albion
Mark V Holmes 360x1000
1falsewitness
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4confidencegames
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1albion
11albion
2defense
1confidencegames
Edmund Burke 360x1000
499
1madoff
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Samuel Johnson 360x1000
5confidencegames
Stormy Daniels 360x1000
Anthony McCann1 360x1000
Learned Hand 360x1000
11632
8albion'
2lafayette
1theleasofus
storyparadox2
1defense

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.