- 32 - the estate to pay petitioner’s elective share, the economic benefit of those gains inured solely to the estate and its residuary beneficiaries, Mr. Deutsch and his sisters. Mr. Deutsch’s purported allocation of capital gains to income, whatever its effect for estate accounting purposes, had no practical consequence whatsoever with respect to the relative entitlements of petitioner and the residuary beneficiaries. The largest components of the estate's 1989 DNI, totaling $377,753, were the distributions to the estate from decedent's IRA's. The bulk of the income from the IRA's represented the proceeds of decedent's lifetime accumulations of deferred compensation and were included in estate principal under Florida law. Fla. Stat. Ann. sec. 738.04(c) (West 1995). Although petitioner had an economic interest equal to 30 percent of the value of the IRA’s reflected in the amount of the elective share, the remaining 70 percent redounded to the benefit of the residuary beneficiaries. Neither subchapter J, nor the income tax law generally, provides for allocating income between petitioner on the one hand, and the estate and its beneficiaries on the other, on the basis of their proportionate economic interests therein. Because the quantitative interest of the estate and its residuary beneficiaries in the income from the IRA’s is more than twice as large as petitioner’s interestPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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