Rameau A. and Phyllis A. Johnson - Page 58

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            regulations is limited to certain types of litigation settlement                          
            funds.  Funds that satisfy obligations "to repair or replace,                             
            products regularly sold in the ordinary course of the                                     
            transferor's trade or business" are specifically excluded from                            
            coverage.  Sec. 1.468B-1(g)(2), Income Tax Regs.                                          
                  The rules governing the taxation of grantor trusts are                              
            contained in subpart E of subchapter J, sections 671-679.                                 
            Section 671 provides that when the grantor is treated as the                              
            owner of any portion of a trust, the grantor's taxable income and                         
            credits are computed taking into account those items of the                               
            trust's income, deductions, and credits attributable to the                               
            portion of the trust that the grantor is treated as owning.                               
            Section 677(a) provides that the grantor is treated as the owner                          
            of any portion of a trust whose income without the approval or                            
            consent of any adverse party is, or, in the discretion of the                             
            grantor or a nonadverse party, or both, may be:  (1) Distributed                          
            to the grantor, or (2) held or accumulated for future                                     
            distribution to the grantor.  The regulations provide the                                 
            following interpretive gloss on the scope of the statutory                                
            language:                                                                                 
                  Under Section 677 the grantor is treated as the owner                               
                  of a portion of a trust if he has retained any interest                             
                  which might, without the approval or consent of an                                  
                  adverse party, enable him to have the income from that                              
                  portion distributed to him at some time either actually                             
                  or constructively * * *.  [Sec. 1.677(a)-1(c), Income                               
                  Tax Regs.; emphasis added.]                                                         





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