Jonathan B. Geftman - Page 12

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          distributable net income."  Sec. 1.652(a)-2(b), Income Tax Regs.            
          If a beneficiary has gross income under subchapter J, the                   
          character of the income to the beneficiary is the same as the               
          character would be in the hands of the trust.  Sec. 1.662(b)-1,             
          Income Tax Regs.  Under the character rule, when a trust earns              
          income from various sources, the income is:                                 
               treated as consisting of the same proportion of each                   
               class of items entering into the computation of                        
               distributable net income as the total of each class                    
               bears to the total distributable net income of the                     
               estate or trust unless the terms of the governing                      
               instruments specifically allocate different classes of                 
               income to different beneficiaries * * * [Id.]                          
               Thus, to determine whether petitioner is subject to income             
          tax on his receipt of the $46,936 distribution, we must first               
          determine whether Trust C had DNI for its taxable year ended                
          February 28, 1985.  If Trust C had DNI equal to or greater than             
          $46,936 for its taxable year ended February 28, 1985, then                  
          petitioner must include a percentage of the $46,936 distribution            
          in his 1985 gross income, equal to the proportion of Trust C's              
          DNI that consists of taxable items.                                         
               Respondent determined that the trusts earned income from               
          three sources during the years in question:  (1) Interest on                
          municipal bonds, (2) interest on the loans from the trusts to the           
          estate, and (3) interest on the La Playa and Blue Grass                     
          mortgages.  Petitioner contests respondent's determination; he              
          alleges that Trust C did not have sufficient DNI for the year in            
          issue.  Since respondent concedes that the trusts earned $252,408           




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