- 4 - 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...)Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011