Discussion:1041 Question

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Discussion Forum Index --> Basic Tax Questions --> 1041 Question
Discussion Forum Index --> Tax Questions --> 1041 Question

Snowbird (talk|edits) said:

16 April 2009
This could wait until the end of the tax season. It is not my problem or return to prepare, however, it has been bugging me for a couple of weeks. I know enough about estates and 1041’s to be dangerous … that just means enough to pass the SEE for the EA.

I was shown a 1099-R by a trustee/executor/beneficiary that had a revocable trust as recipient. Box 1 was about $120K, Box 2A $70k, Box 4 $7k, Box 5 $50K and Box 7 was a 4 (death). The payer was an insurance company. I was shown a letter where a lawyer detailed his charges, distributions to beneficiaries and asked if the trustee wanted a 1041 prepared. The question to me was if 1041 was needed since the money was distributed. I told him for sure! I also told him to be careful in spending his share of the estate since some of the benefits could be taxable to him. I was thinking of an inherited IRA.

Later the person told me that the lawyer had said none of the benefits were taxable. I know the life insurance proceeds are not taxable, but I keep wonder how you get Box 2A taxable amount onto a 1041 and then a K-1 as nontaxable? I used the little yellow box, my tax guide and even the 1041 instructions … but still missing the answer.

If you see a motor home broken down on I-75 or I-65, please stop … it might be me!

Snowbird 14:52, 16 April 2009 (CDT)

Kevinh5 (talk|edits) said:

16 April 2009
the attorney is incorrect

the tax pro doing the 1041 would include the taxable amount in DNI and then take the IDD to net zero tax at the 1041 level, passing out the tax withheld on the K-1s.

I'm not sure what your question was - this doesn't seem to be a client of yours. I think you only wanted confirmation that your thought process was correct. It is.

Snowbird (talk|edits) said:

16 April 2009
Thanks Kevin. Yes, not a client but I warned the person they may have taxable income ... 1/3 beneficiary. This would give them about $23K addition taxable income (less attorny fees,etc). Would it be on line 5 of the K-1? The lawyer's office is going to prepare the 1041 & K-1. Maybe I will bump into the person when I am back in Florida next winter and find out what the lawyer put on the 1041 and K-1 to the beneficiaries.

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