Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 9

                                        - 9 -                                         
          the IRA.  Distributions to beneficiaries of a decedent are                  
          includable in the gross income of the beneficiaries.  Secs.                 
          408(d)(1), 691(a)(1)(B).  The portion of a lump-sum distribution            
          to a decedent’s beneficiary from an IRA, is, in the beneficiary’s           
          hands, income in respect of a decedent (IRD) in an amount equal             
          to the excess of the account balance at the date of death over              
          any nondeductible contributions by the decedent to the account.             
          Such amount is included in the beneficiary’s gross income the               
          year in which it is received.  Sec. 691(a)(1).  The portion of              
          the lump-sum distribution to the beneficiary in excess of the               
          entire balance (including unrealized appreciation, accrued income           
          and nondeductible contributions) in the IRA at the owner's death            
          is not income in respect of a decedent.  Such amount is taxable             
          to the beneficiary under sections 408(d) and 72, see Rev. Rul.              
          92-47, 1992-1 C.B. 198, in the taxable year the distribution is             
          received.  Section 691(a)(3) provides that the character of the             
          income in the hands of either the estate or decedent’s                      
          beneficiary is the same as if decedent had such amount.  If an              
          IRA owner dies before distributions were required to begin, the             
          owner’s interest in the IRA generally must be distributed to the            
          beneficiary within 5 years of decedent’s death.  Sec.                       
          401(a)(9)(B)(ii).  If an IRA owner dies after distributions were            
          required to begin, the IRA assets generally must be distributed             







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