Estate of Nicholas Charles Stevens, Jr., Deceased, Kim Patricia Bryan, Personal Representative - Page 5

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               Gross income includes compensation for services.  Sec.                 
          61(a)(1).  In the present case, decedent received wages of $4,719           
          from Mangione Enterprises of Turf Valley, and he did not report             
          such amount in his 2000 return.  Accordingly, we sustain                    
          respondent’s determination that decedent received unreported                
          income of $4,719 from wages in 2000.                                        
               Gross income also includes interest.  Sec. 61(a)(4).  In the           
          present case, decedent was credited with interest income of                 
          $7,435 in 2000 from custodial accounts established pursuant to              
          the Maryland Uniform Transfers to Minors Act (MUTMA).  Under the            
          MUTMA, interest income constitutes “custodial property” that                
          generally transfers to a minor when he or she attains the age of            
          either 18 years or 21 years, depending upon who originally                  
          transferred such property to the custodian.3  See Md. Code Ann.,            
          Est. & Trusts secs. 13-301(f), 13-320 (2001).  While decedent was           
          only 17 in 2000, he enjoyed the economic benefit of interest                
          income from the custodial accounts, and therefore, such interest            
          is taxable in the year earned and not in the year of actual                 
          receipt by him.4  See Anastasio v. Commissioner, 67 T.C. 814,               

               3  If a minor dies before attaining the requisite age, the             
          custodial property transfers to the minor’s estate upon the                 
          minor’s death.  Md. Code Ann., Est. & Trusts sec. 13-320(3)                 
          (LEXIS through 2003 Sess.).                                                 
               4  A minor who has attained the age of 14 years may seek a             
          court order for delivery and payment of so much of the custodial            
          property for the minor’s use and benefit.  Md. Code Ann., Est. &            
                                                             (continued...)           





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