Andrew J. Eberly and Ruthanne E. Eberly - Page 10

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               Section 691 concerns the taxation of income in respect of a            
          decedent (IRD).  Section 691(a) provides in part:                           
                    (1) General rule.--The amount of all items of                     
               gross income in respect of a decedent which are not                    
               properly includible in respect of the taxable period                   
               in which falls the date of his death or a prior period                 
               * * * shall be included in the gross income, for the                   
               taxable year when received, of:                                        
                         (A) the estate of the decedent, if the right                 
                    to receive the amount is acquired by the                          
                    decedent’s estate from the decedent;                              
                         (B) the person who, by reason of the death of                
                    the decedent, acquires the right to receive the                   
                    amount, if the right to receive the amount is not                 
                    acquired by the decedent’s estate from the decedent;              
                    or                                                                
                         (C) the person who acquires from the decedent                
                    the right to receive the amount by bequest,                       
                    devise, or inheritance, if the amount is received                 
                    after a distribution by the decedent’s estate of                  
                    such right.                                                       
               Section 1.691(a)-1(b), Income Tax Regs., provides that                 
          “income in respect of a decedent” refers to those amounts to                
          which a decedent was entitled as gross income but that were not             
          properly includable in computing taxable income for the taxable             
          year ending with the date of death or for a previous taxable year           
          under the method of accounting employed by the decedent.  The               
          character of an item of IRD to the successor is the same                    
          character as the item would have had in the decedent’s hands                
          “if the decedent had lived and received such amount.”  Sec.                 
          691(a)(3).                                                                  







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