721
Testbank
Chapter 18
A two-tier income distribution system is used to determine the taxability of trust distributions. All required
54.
income distributions are in the
fi
rst tier. First-tier distributions are
fi
rst compared to DNI and are taxable
to the extent of DNI. Second-tier distributions of current income are subject to taxation to the extent of
remaining DNI.
Payments
First tier
Second tier
Total
Peter
$10,000
$10,000
$20,000
James
5,000
15,000
20,000
Total
$15,000
$25,000
$40,000
First-tier payments are fully taxable ($15,000 - $30,000 DNI). Second-tier payments are greater than
remaining DNI after
fi
rst-tier payments ($25,000 - $15,000 remaining DNI) and, therefore, their taxability
is in proportion to remaining DNI.
Second tier payments
Peter
$10,000 × $15,000/$25,000
= $6,000 taxable
James
$15,000 × $15,000/$25,000
= $9,000 taxable
Total taxable amounts
$15,000
Total Taxable Payments
First tier
Second tier
Total
Peter
$10,000
$ 6,000
$16,000
James
5,000
9,000
14,000
Total
$15,000
$15,000
$30,000
No, four separate gifts of property payable at different times are required by the instrument, so none of the
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gifts qualify for exemption under Code Sec. 663(a), and distributions of them to Donna may carry out DNI.
A tax return for the calendar year 2009 must be
fi
led on or before April 15, 2010, and the tax return for the
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fractional part of 2010, that is, January 1 to March 28, 2010, must be
fi
led on or before April 15, 2011.
$15,000 is the trust’s charitable deduction for 2010 ($20,000 - $20,000/$80,000 × $20,000).
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