Deck 28: Income Taxation of Trusts and Estates
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Deck 28: Income Taxation of Trusts and Estates
1
An estate's income beneficiary generally must wait until the entity is terminated by the executor to receive any distribution of income.
False
2
Gain or loss is recognized by a trust when it distributes a non-cash asset.
False
3
The Bard Estate incurs a $25,000 fee in disposing of the real property of the decedent.The deduction is claimed against the Federal estate tax,unless by election it is claimed on the estate's income tax return.
True
4
Generally,capital gains are allocated to fiduciary income,because they relate to investment assets.
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5
The decedent's estate must terminate within four years of the date of death.
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6
When a trust operates a trade or business,it can claim a deduction for wages paid to employees.
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7
A complex trust may incur a liability for the AMT.
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8
With respect to a trust,the terms creator,donor,and grantor are synonyms.
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9
Trusts usually are required to use a calendar tax year
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10
A trust might be used by the parties to an impending divorce.
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11
Corpus,principal,and assets of the trust are synonyms.
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12
If provided for in the controlling agreement,a trust might terminate when the income beneficiary graduates with a law degree.
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13
The first step in computing an estate's taxable income is the determination of its gross income for the year.
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14
Income in respect of a decedent can be subject to both income and estate tax at the Federal level.
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15
An example of income in respect of a decedent is the taxpayer's last paycheck,uncollected at death.
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16
A complex trust pays tax on the income that it retains and adds to corpus.
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17
The Bard Estate incurs a $25,000 fee in disposing of the real property of the decedent.The deduction can be claimed $10,000 against the Federal estate tax,and $15,000 on the estate's income tax return.
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18
Like a limited liability company,the fiduciary is a tax-reporting,but not a separate tax-paying entity.
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19
Estates and trusts can claim Federal income tax deductions for costs incurred in maintaining investments in U.S.state and local bonds.
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20
Tax planning motivations usually are secondary to other objectives in deciding whether to create a trust.
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21
Sixty percent of the income received by the Atom Trust this year constituted municipal bond interest.Atom's trustee also made a $100,000 gift to the United Fund,a qualifying charity.The charitable deduction associated with this gift is limited to $60,000.
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22
When DNI includes exempt interest income,the beneficiary includes less than the full amount of DNI in current-year gross income.
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23
The Crown Trust distributed one-half of its accounting income to Lee this year.Lee also is allocated one-half of Crown's credit for building low-income housing.
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24
The Griffin Trust makes a gift to a qualifying charity.Griffin's entity-level deduction is allowed only to the extent of 50% of distributable net income.
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25
The Whitmer Trust operates a manufacturing business.When Whitmer incurs a net operating loss,the current-year deduction passes through to the income beneficiaries.
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26
The Gable Trust reports $20,000 business income and $10,000 exempt interest income,and it paid a $3,000 fiduciary fee.Gable's distributable net income (DNI)includes $9,000 for the interest income.
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27
The Whitmer Trust operates a manufacturing business and distributes the profits to its income beneficiaries.Whitmer passes through to the income beneficiaries the data needed to compute their domestic production activities deduction.
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28
Harry,the sole income beneficiary,received a $40,000 distribution from the Lucy Trust,in a year when the trust's distributable net income was $50,000.Harry's AGI can increase by as much as $50,000.
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29
A complex trust can claim a Year 1 deduction for a gift to charity,where the contribution was made on October 20 of Year 2 out of gross income recognized in Year 1.
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30
"First-tier distributions" allowed by the will or trust document are made at the discretion of the executor or trustee.
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31
In computing distributable net income (DNI)for a trust,one removes any corpus net capital gain or loss.
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32
The Gable Trust reports $20,000 business income and $10,000 exempt interest income,and it paid a $3,000 fiduciary fee.Gable's distributable net income is computed net of the full $3,000 deduction for the fees.
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33
Cost recovery deductions are assigned pro rata to the recipients of an estate's distributable net income (DNI).
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34
Harry,the sole income beneficiary,received a $40,000 distribution from the Lucy Trust,in a year when the trust's distributable net income was $50,000.Harry's AGI can increase by as much as $40,000.
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35
The Gable Trust reports $20,000 business income and $10,000 exempt interest income,and it paid a $3,000 fiduciary fee.Gable's distributable net income includes $10,000 for the interest income.
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36
An estate operates a manufacturing business.It can claim a domestic production activities deduction (DPAD).
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37
A fiduciary's distribution deduction shifts the tax burden for current-year income from the entity to the beneficiary.
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38
Harry,the sole income beneficiary,received a $40,000 distribution from the Lucy Trust,in a year when the trust's distributable net income was $30,000.Harry's AGI can increase by as much as $40,000.
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39
In the year in which an estate terminates,its beneficiaries receive and can use as their own any unexpired NOL carryforwards proportionately to the corpus assets that they received.
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40
One-third of the Hermann Estate's distributable net income consists of qualifying dividends.Thus,when income beneficiary Susie receives a $30,000 income distribution from the estate,$10,000 of it qualifies for the 15% tax rate.
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41
Which of the following is a typical duty of a trustee?
A) Make decisions as to how to invest the trust corpus portfolio.
B) Modify the language of the trust instrument so as to lower the entity's Federal income tax.
C) Pay the estate taxes of the grantor.
D) Allocate items between income and corpus using Subchapter J rules.
E) All of the above.
A) Make decisions as to how to invest the trust corpus portfolio.
B) Modify the language of the trust instrument so as to lower the entity's Federal income tax.
C) Pay the estate taxes of the grantor.
D) Allocate items between income and corpus using Subchapter J rules.
E) All of the above.
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42
The unextended due date for a calendar-year trust to file its Form 1041 is March 15.
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43
Three months after Emma Timkin died,her executor received the final $10,000 installment of Emma's Super Lottery winnings from the state.Which of the following statements is true?
A) The $10,000 is subject to neither income nor estate tax, because it was received after Emma's death.
B) The $10,000 is both included in Emma's gross estate, and subject to tax on her estate's income tax return.
C) The $10,000 is subject to tax only on her estate's income tax return.
D) The $10,000 is included only in Emma's gross estate.
A) The $10,000 is subject to neither income nor estate tax, because it was received after Emma's death.
B) The $10,000 is both included in Emma's gross estate, and subject to tax on her estate's income tax return.
C) The $10,000 is subject to tax only on her estate's income tax return.
D) The $10,000 is included only in Emma's gross estate.
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44
Tax planning usually dictates that high-income and -wealth individuals be specified as first-tier beneficiaries of a trust arrangement.
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45
Which of the following is a typical duty of a trustee?
A) File the entity's returns for the local property tax on real estate.
B) File the entity's state and Federal income tax returns.
C) Invest the assets that comprise the corpus of the entity.
D) Distribute entity accounting income to the beneficiaries in accordance with the provisions of the trust instrument.
E) All of the above.
A) File the entity's returns for the local property tax on real estate.
B) File the entity's state and Federal income tax returns.
C) Invest the assets that comprise the corpus of the entity.
D) Distribute entity accounting income to the beneficiaries in accordance with the provisions of the trust instrument.
E) All of the above.
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46
The trustee of the Epsilon Trust distributed an asset to Telly,a qualifying income beneficiary.The asset's basis to the trust was $10,000,and its fair market value on the distribution date was $25,000.Which of the following statements is true?
A) Assuming that the trustee made an election under § 643(e), the trust is allowed a $10,000 distribution deduction for this transaction.
B) Assuming that the trustee made an election under § 643(e), Telly recognizes $10,000 gross income on the distribution.
C) Lacking any election by the trustee, the trust recognizes $15,000 gross income on the distribution.
D) Lacking any election by the trustee, Telly's basis in the asset is $10,000.
E) Lacking any election by the trustee, Telly's basis in the asset is stepped up to $25,000.
A) Assuming that the trustee made an election under § 643(e), the trust is allowed a $10,000 distribution deduction for this transaction.
B) Assuming that the trustee made an election under § 643(e), Telly recognizes $10,000 gross income on the distribution.
C) Lacking any election by the trustee, the trust recognizes $15,000 gross income on the distribution.
D) Lacking any election by the trustee, Telly's basis in the asset is $10,000.
E) Lacking any election by the trustee, Telly's basis in the asset is stepped up to $25,000.
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47
The Chen Trust is required to distribute its accounting income every year,one-half to Missy Chen,and one-half to the local church's homeless shelter.What is the Chen Trust's personal exemption?
A) $600.
B) $300.
C) $100.
D) $0.
A) $600.
B) $300.
C) $100.
D) $0.
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48
Which of the following is a typical duty of an executor?
A) Pay funeral expenses.
B) Pay off the decedent's financial liabilities.
C) Distribute the net assets of the probate estate.
D) Manage the decedent's assets until they are liquidated or distributed.
E) All of the above
A) Pay funeral expenses.
B) Pay off the decedent's financial liabilities.
C) Distribute the net assets of the probate estate.
D) Manage the decedent's assets until they are liquidated or distributed.
E) All of the above
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49
The Jain Estate is required to pay its entire annual accounting income to Sam and Janet.The estate's personal exemption is:
A) $0.
B) $100.
C) $300.
D) $600.
A) $0.
B) $100.
C) $300.
D) $600.
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50
The Rodriguez Trust generated $100,000 in alternative minimum taxable income (AMTI)this year.The trust is subject to a marginal Federal income tax rate of:
A) 26%.
B) 28%.
C) 35%.
D) 39.6%.
A) 26%.
B) 28%.
C) 35%.
D) 39.6%.
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51
The Jain Trust is required to pay its entire annual accounting income to Sam and Janet.The trust's personal exemption is:
A) $600.
B) $300.
C) $100.
D) $0.
A) $600.
B) $300.
C) $100.
D) $0.
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52
Which of the following taxpayers use a Schedule K and K-1 to pass through income,loss,and credit amounts to the owners or beneficiaries?
A) Complex trust.
B) Partnership.
C) S corporation.
D) All of the above taxpayers use Schedule K and K-1.
A) Complex trust.
B) Partnership.
C) S corporation.
D) All of the above taxpayers use Schedule K and K-1.
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53
The Zhang Trust incurred the following items during the year.
What is Zhang's deduction for the tax preparation fees?
A) $0.
B) $4,000.
C) $6,000.
D) $10,000.
What is Zhang's deduction for the tax preparation fees?A) $0.
B) $4,000.
C) $6,000.
D) $10,000.
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54
The Code defines a "simple trust" as which of the following?
A) One which is allowed to file Form 1041-EZ.
B) One which has only one income beneficiary.
C) One which must distribute its accounting income every year.
D) One whose grantor was a living individual.
A) One which is allowed to file Form 1041-EZ.
B) One which has only one income beneficiary.
C) One which must distribute its accounting income every year.
D) One whose grantor was a living individual.
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55
Beneficiary Terry received $30,000 from the Urgent Trust.Trust accounting income for the year was $50,000.The trust generated $20,000 in cost recovery deductions.How much can Terry deduct with respect to the cost recovery deductions that Urgent generated?
A) $0.
B) $8,000.
C) $12,000.
D) $20,000.
A) $0.
B) $8,000.
C) $12,000.
D) $20,000.
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56
Three weeks after Tina died,her brother Tony properly received Tina's last paycheck from her employer.The gross amount of the check was $4,000,and a $700 deduction for state income taxes was subtracted in computing the net amount of the payment.Which of the following statements is true?
A) The $700 is deductible both on Tony's income tax return and on Tina's estate tax return.
B) The $700 is deductible on neither Tony's income tax return nor on Tina's estate tax return.
C) The $700 is deductible only in computing Tina's taxable estate.
D) The $700 is deductible only on the income tax return of Tina's estate.
A) The $700 is deductible both on Tony's income tax return and on Tina's estate tax return.
B) The $700 is deductible on neither Tony's income tax return nor on Tina's estate tax return.
C) The $700 is deductible only in computing Tina's taxable estate.
D) The $700 is deductible only on the income tax return of Tina's estate.
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57
The Jain Trust is required to pay its entire annual accounting income to the Daytona Museum,a qualifying charity.The trust's personal exemption is:
A) $0.
B) $100.
C) $300.
D) $600.
A) $0.
B) $100.
C) $300.
D) $600.
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58
Generally,an administrative expense should be claimed on the decedent's estate tax return,because it is subject to a higher marginal tax bracket than is the estate's taxable income.
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59
Which of the following taxpayers can be subject to an entity-level Federal income tax?
A) Complex trust.
B) Partnership.
C) Limited liability company.
D) All of the above taxpayers are passthrough entities, and they never are subject to an entity-level Federal income tax.
A) Complex trust.
B) Partnership.
C) Limited liability company.
D) All of the above taxpayers are passthrough entities, and they never are subject to an entity-level Federal income tax.
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60
When a trust distributes an in-kind asset with a realized loss,most likely this loss should be allocated to and immediately deducted by the first-tier beneficiaries.
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61
The Exeter Trust instrument provides that Tamara,the sole income beneficiary,is to receive $30,000 annually.If trust accounting income is not sufficient to pay this amount,the Exeter trustee is empowered to invade corpus to the extent necessary.During the current year,the trust has distributable net income (DNI)of $100,000,including $20,000 of tax-exempt interest.In accordance with the trust instrument,$30,000 is paid to Tamara.What is Tamara's gross income from Exeter for the current year?
A) $100,000.
B) $30,000.
C) $24,000.
D) $10,000.
A) $100,000.
B) $30,000.
C) $24,000.
D) $10,000.
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62
The Ulrich Trust has distributable net income (DNI)for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee must distribute $60,000 to Roger and $60,000 to Sally.After paying these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the Ulrich trustee distributes an additional $15,000 to Roger and $15,000 to Sally.How much gross income from the trust must Roger recognize?
A) $15,000.
B) $50,000.
C) $60,000.
D) $75,000.
A) $15,000.
B) $50,000.
C) $60,000.
D) $75,000.
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63
The Roz Trust has distributable net income for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee must distribute $30,000 to Roger and $30,000 to Sally.After paying these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the trustee distributes an additional $10,000 to Roger and $30,000 to Sally.How much gross income from the trust must Roger recognize?
A) $60,000.
B) $50,000.
C) $40,000.
D) $30,000.
A) $60,000.
B) $50,000.
C) $40,000.
D) $30,000.
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64
This year,the Nano Trust reported $50,000 entity accounting income and $40,000 distributable net income (DNI).Nano distributed $60,000 cash to Horatio,its sole income beneficiary.Nano is a simple trust.Nano's distribution deduction is:
A) $60,000.
B) $50,000.
C) $40,000.
D) $0.
A) $60,000.
B) $50,000.
C) $40,000.
D) $0.
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65
The Roz Trust has distributable net income for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee must distribute $30,000 to Roger and $30,000 to Sally.After paying these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the trustee distributes an additional $10,000 to Roger and $30,000 to Sally.How much gross income from the trust must Sally recognize?
A) $80,000.
B) $60,000.
C) $50,000.
D) $20,000.
A) $80,000.
B) $60,000.
C) $50,000.
D) $20,000.
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66
The Suarez Trust generated distributable net income (DNI)this year of $150,000,one-third of which was portfolio income,and the balance of which was exempt interest.Under the terms of the trust,Clara Suarez is to receive an annual income distribution of $30,000.At the discretion of the trustee,additional distributions can be made to Clara,or to Clark Suarez III.This year,the trustee's distributions to Clara totaled $90,000.Clark also received $90,000.How much of the trust's DNI is assigned to Clark?
A) $0, only first-tier distributions are subject to Federal income tax.
B) $72,000.
C) $75,000.
D) $90,000.
A) $0, only first-tier distributions are subject to Federal income tax.
B) $72,000.
C) $75,000.
D) $90,000.
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67
The Edgerton Estate generated distributable net income (DNI)this year of $100,000,one-fourth of which was tax-exempt interest,and the balance of which was long-term capital gain.Kyle Edgerton,the sole income beneficiary of the Estate,received a distribution of the entire $125,000 accounting income of the entity.How does Kyle report the distribution?
A) $100,000 ordinary income.
B) $125,000 ordinary income.
C) $50,000 long-term capital gain, $50,000 exempt interest.
D) $75,000 long-term capital gain, $25,000 exempt interest.
A) $100,000 ordinary income.
B) $125,000 ordinary income.
C) $50,000 long-term capital gain, $50,000 exempt interest.
D) $75,000 long-term capital gain, $25,000 exempt interest.
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68
This year,the Nano Trust reported $50,000 entity accounting income and $40,000 distributable net income (DNI).Nano distributed $30,000 cash to Horatio,its sole income beneficiary.Nano is a complex trust.Nano's distribution deduction is:
A) $50,000.
B) $40,000.
C) $30,000.
D) $0. Because the distributions of a complex trust are discretionary, no deduction is allowed.
A) $50,000.
B) $40,000.
C) $30,000.
D) $0. Because the distributions of a complex trust are discretionary, no deduction is allowed.
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69
Which of the following is the annual maximum amount to be included as gross income by all of the income beneficiaries of the trust or estate?
A) Distributable net income.
B) Entity taxable income.
C) Adjusted gross income.
D) Fiduciary accounting income.
A) Distributable net income.
B) Entity taxable income.
C) Adjusted gross income.
D) Fiduciary accounting income.
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70
The Bedford Trust has distributable net income for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee is required to distribute $30,000 to Roger and $60,000 to Sally.After payment of these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the Bedford trustee distributes an additional $40,000 to Roger,and $40,000 to Sally.How much income from the trust must Sally recognize?
A) $70,000.
B) $65,000.
C) $60,000.
D) $30,000.
A) $70,000.
B) $65,000.
C) $60,000.
D) $30,000.
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71
To reduce trustee commissions,the Sigrid Trust is operated as though it were two trusts (i.e.,with 70-year-old Grandma and 7-year old Skippy each holding equal shares).This year the trust generated distributable net income (DNI)of $80,000.The Sigrid trustee distributed $100,000 to Grandma this year: $40,000 as her one-half share of the entity's income,and $60,000 as a distribution of principal.Skippy received no distribution.How much of the year's distributable net income is assigned to Grandma?
A) $40,000.
B) $50,000.
C) $80,000.
D) $100,000.
A) $40,000.
B) $50,000.
C) $80,000.
D) $100,000.
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72
Which of the following restrictions applies concerning distributions to trust beneficiaries?
A) Special allocations are not allowed under Subchapter J.
B) Special allocations are allowed, but only in the trust's termination year.
C) Special allocations are allowed, but only for portfolio income items.
D) Special allocations of income types are allowed, assuming that they carry substantial economic effect.
A) Special allocations are not allowed under Subchapter J.
B) Special allocations are allowed, but only in the trust's termination year.
C) Special allocations are allowed, but only for portfolio income items.
D) Special allocations of income types are allowed, assuming that they carry substantial economic effect.
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73
The Ulrich Trust has distributable net income for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee must distribute $60,000 to Roger and $60,000 to Sally.After paying these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the Ulrich trustee distributes an additional $20,000 to Roger and $20,000 to Sally.How much gross income from the trust must Sally recognize?
A) $80,000.
B) $60,000.
C) $50,000.
D) $20,000.
A) $80,000.
B) $60,000.
C) $50,000.
D) $20,000.
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74
The Roz Trust has distributable net income for the year of $100,000 and no income from tax-exempt sources.Under the terms of the trust instrument,the trustee must distribute $30,000 to Roger and $30,000 to Sally.After payment of these amounts,the trustee is empowered to make additional distributions at its discretion.Exercising this authority,the trustee distributes an additional $40,000 to Roger and $40,000 to Sally.How much income from the trust must Sally recognize?
A) $90,000.
B) $60,000.
C) $50,000.
D) $40,000.
A) $90,000.
B) $60,000.
C) $50,000.
D) $40,000.
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75
The distributable net income (DNI)of a fiduciary taxpayer:
A) Constitutes the maximum amount for the fiduciary's distribution deduction.
B) Specifies the character of the distributions in the hands of the year's income beneficiaries.
C) Marks the maximum amount of gross income that income beneficiaries must report when receiving distributions.
D) All of the above.
A) Constitutes the maximum amount for the fiduciary's distribution deduction.
B) Specifies the character of the distributions in the hands of the year's income beneficiaries.
C) Marks the maximum amount of gross income that income beneficiaries must report when receiving distributions.
D) All of the above.
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76
The Williamson Estate generated distributable net income (DNI)this year of $120,000,one-third of which was tax-exempt interest,and the balance of which was long-term capital gain.Muffy Williamson,the sole income beneficiary of the estate,received a distribution of the entire $150,000 accounting income of the entity.How is this distribution accounted for by Muffy?
A) $150,000 ordinary income.
B) $120,000 ordinary income.
C) $80,000 long-term capital gain, $40,000 exempt interest.
D) $100,000 long-term capital gain, $50,000 exempt interest.
A) $150,000 ordinary income.
B) $120,000 ordinary income.
C) $80,000 long-term capital gain, $40,000 exempt interest.
D) $100,000 long-term capital gain, $50,000 exempt interest.
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77
Which,if any,of the following statements relates to the tax treatment of both estates and trusts?
A) The entity is required to distribute all of its income currently to its beneficiaries.
B) The entity must use the same tax year as its creator (i.e., grantor, decedent).
C) In the year of its termination, the entity's net operating loss carryovers are passed through to its beneficiaries.
D) The termination date of the entity is specified in the controlling document.
A) The entity is required to distribute all of its income currently to its beneficiaries.
B) The entity must use the same tax year as its creator (i.e., grantor, decedent).
C) In the year of its termination, the entity's net operating loss carryovers are passed through to its beneficiaries.
D) The termination date of the entity is specified in the controlling document.
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78
This year,the Huang Trust distributed all of its accounting income and $1,000 from corpus.Huang's taxable income for the year is:
A) $0.
B) ($100).
C) ($300).
D) ($1,000).
A) $0.
B) ($100).
C) ($300).
D) ($1,000).
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79
During the current year,the Santo Trust received $30,000 of taxable interest income,paid trustee's commissions of $3,000,and had no other income or expenses.The Santo trust instrument requires that $20,000 be paid annually to Marilyn,and $40,000 be paid annually to Domingo.How much gross income must Marilyn and Domingo recognize?
A) $20,000 by Marilyn and $40,000 by Domingo.
B) $15,000 by Marilyn and $15,000 by Domingo.
C) $13,500 by Marilyn and $13,500 by Domingo.
D) $9,000 by Marilyn and $18,000 by Domingo.
A) $20,000 by Marilyn and $40,000 by Domingo.
B) $15,000 by Marilyn and $15,000 by Domingo.
C) $13,500 by Marilyn and $13,500 by Domingo.
D) $9,000 by Marilyn and $18,000 by Domingo.
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80
The Suarez Trust generated distributable net income (DNI)this year of $150,000,one-third of which was portfolio income,and the balance of which was exempt interest.Under the terms of the trust,Clara Suarez is to receive an annual income distribution of $30,000.At the discretion of the trustee,additional distributions can be made to Clara or to Clark Suarez III.This year,the trustee's distributions to Clara totaled $90,000.Clark also received $90,000.How much of the trust's DNI is assigned to Clara?
A) $90,000.
B) $78,000.
C) $48,000.
D) $30,000.
A) $90,000.
B) $78,000.
C) $48,000.
D) $30,000.
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