- 58 - 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.]Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
Last modified: May 25, 2011