Rosalyn Deutsch - Page 32

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          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 interest                  







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