- 6 - than a grantor trust is also inconsistent with the manner in which petitioner reported the items of income and deductions attributable to the trust on her 1993 and 1994 Federal income tax returns. Furthermore, the restrictions on the distribution of trust corpus, do not, as petitioner suggests, remove the trust from the provisions of section 671. See sec. 677. The trust is a grantor trust, and the positions of the parties will be considered accordingly. Contrary to petitioner's argument, section 67(e) does not and cannot apply to grantor trusts.1 Because the items of income and deductions are passed through to the grantor, the adjusted gross income of a grantor trust, in effect, is not a viable notion either conceptually under the relevant statutory scheme, or for reporting purposes. Pursuant to section 671, petitioner, as a grantor of the trust, is required to include in the computation of her taxable income, the items of income, deductions and credits of the trust that are attributable to her proportionate share of the trust. See sec. 1.671-4, Income Tax Regs. This, in fact, is what she did on her 1993 and 1994 Federal income tax returns. These items are treated as though received or paid by her, instead of by the trust. Sec. 1.671- 1Consequently, we need not address the controversy between the parties regarding whether the type of expenses here in question would not have been incurred but for the fact that the property was held in trust. See O'Neill v. Commissioner, 994 F.2d 302 (6th Cir. 1993), revg. 98 T.C. 227 (1992).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011