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Re: 1041 for estate in litigation

 

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Subject Author Date
Re: 1041 for estate in litigation Seth Breidbart 10-24-2006
Posted by Seth Breidbart on October 24, 2006, 7:27 am
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> I have a client who is the administrator of an estate that
> is in litigation between the beneficiaries. The
> administrator is under a court order to pay only expenses
> and distribute nothing to the beneficiaries until the matter
> is resolved. The income to the estate is significant and
> results in a higher tax rate than the beneficiaries are
> likely to pay had the income been distributed.

Would it make sense to set up a separate trust, which gets
the income that should be distributed to the beneficiaries
and holds it until the court rules on who the benficiaries
are?

Seth

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Posted by Stuart A. Bronstein on October 25, 2006, 6:46 pm
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sethb@panix.com (Seth Breidbart) wrote:

>> I have a client who is the administrator of an estate that
>> is in litigation between the beneficiaries. The
>> administrator is under a court order to pay only expenses
>> and distribute nothing to the beneficiaries until the matter
>> is resolved. The income to the estate is significant and
>> results in a higher tax rate than the beneficiaries are
>> likely to pay had the income been distributed.

> Would it make sense to set up a separate trust, which gets
> the income that should be distributed to the beneficiaries
> and holds it until the court rules on who the benficiaries
> are?

Estates and trusts have he same marginal tax brackets. The
highest rate, 39.6%, kicks in at $7500.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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