- 4 - action. Mr. Corn then asked the judge presiding over the will contest to direct the custodian to turn over the funds to Mr. Corn, and the judge granted Mr. Corn's request on December 22, 1988. The surrogate's court judge's order reads as follows: I direct the Financial Institution to turn over the funds held in the name of the Employer to the fiduciary. The fact that I am directing that the funds to be turned over to the fiduciary is not a determination of who shall ultimately be entitled to the funds. We are putting them there in order that they be placed in some interest-bearing accounts and so forth, and in order to enable the fiduciary to make payments. In response thereto, the custodian made the following distributions to Mr. Corn: $91,902 on December 28, 1988; and $485,000, $20,000, and $485,390 on January 12, March 30, and April 20, 1989, respectively. Mr. Corn, in his capacity as the estate's temporary administrator and fiduciary, filed the estate's 1988 and 1989 Fiduciary Income Tax Returns, Forms 1041, in March 1991.1 None of the pension funds were included as gross income on either of these returns. As to both years, the estate attached a disclosure statement acknowledging the temporary administrator's receipt of the funds but asserting that the receipt of the funds was merely a change in custodial agent and not a taxable distribution. The 1988 and 1989 tax returns did report interest income earned on the funds. Mr. Corn also filed the estate's 1 The estate is a cash basis taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011