Treasury Regulations (26 C.F.R.)
26 CFR § 1.643(d)-2
Illustration of the provisions of section 643.
# (a)
The provisions of section 643 may be illustrated by the following example:
Example.
(1) Under the terms of the trust instrument, the income of a trust is required to be currently distributed to W during her life. Capital gains are allocable to corpus and all expenses are charges against corpus. During the taxable year the trust has the following items of income and expenses:
| Dividends from domestic corporations | $30,000 | |
| Extraordinary dividends allocated to corpus by the trustee in good faith | 20,000 | |
| Taxable interest | 10,000 | |
| Tax-exempt interest | 10,000 | |
| Long-term capital gains | 10,000 | |
| Trustee's commissions and miscellaneous expenses allocable to corpus | 5,000 | |
(2) The “income” of the trust determined under section 643(b) which is currently distributable to W is $50,000, consisting of dividends of $30,000, taxable interest of $10,000, and tax-exempt interest of $10,000. The trustee's commissions and miscellaneous expenses allocable to tax-exempt interest amount to $1,000 (10,000/50,000 × $5,000).
(3) The “distributable net income” determined under section 643(a) amounts to $45,000, computed as follows:
| Dividends from domestic corporations | $30,000 | |
| Taxable interest | 10,000 | |
| Nontaxable interest | $10,000 | |
| Less: Expenses allocable thereto | 1,000 | |
| 9,000 | ||
| Total | 49,000 | |
| Less: Expenses ($5,000 less $1,000 allocable to tax-exempt interest) | 4,000 | |
| Distributable net income | 45,000 | |
In determining the distributable net income of $45,000, the taxable income of the trust is computed with the following modifications: No deductions are allowed for distributions to W and for personal exemption of the trust (section 643(a) (1) and (2)); capital gains allocable to corpus are excluded and the deduction allowable under section 1202 is not taken into account (section 643(a)(3)): the extraordinary dividends allocated to corpus by the trustee in good faith are excluded (sections 643(a)(4)); and the tax- exempt interest (as adjusted for expenses) and the dividend exclusion of $50 are included) section 643(a) (5) and (7)).
# (b)
See paragraph (c) of the example in § 1.661(c)-2 for the computation of distributable net income where there is a charitable contributions deduction.
[T.D. 6500, 25 FR 11814, Nov. 26, 1960. Redesignated, T.D. 6989, 34 FR 732, Jan. 1, 1969]
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In this part (40 sections)
- 1.642(h)-1 · Unused loss carryovers on termination of an estate or…
- 1.642(h)-2 · Excess deductions on termination of an estate or trust.
- 1.642(h)-3 · Meaning of “beneficiaries succeeding to the property of…
- 1.642(h)-4 · Allocation.
- 1.642(h)-5 · Examples.
- 1.642(i)-1 · Certain distributions by cemetery perpetual care funds.
- 1.642(i)-2 · Definitions.
- 1.643(a)-0 · Distributable net income; deduction for distributions; in…
- 1.643(a)-1 · Deduction for distributions.
- 1.643(a)-2 · Deduction for personal exemption.
- 1.643(a)-3 · Capital gains and losses.
- 1.643(a)-4 · Extraordinary dividends and taxable stock dividends.
- 1.643(a)-5 · Tax-exempt interest.
- 1.643(a)-6 · Income of foreign trust.
- 1.643(a)-7 · Dividends.
- 1.643(a)-8 · Certain distributions by charitable remainder trusts.
- 1.643(b)-1 · Definition of income.
- 1.643(b)-2 · Dividends allocated to corpus.
- 1.643(c)-1 · Definition of “beneficiary”.
- 1.643(d)-1 · Definition of “foreign trust created by a United States…
- 1.643(d)-2 · Illustration of the provisions of section 643.
- 1.643(f)-1 · Treatment of multiple trusts.
- 1.643(h)-1 · Distributions by certain foreign trusts through…
- 1.642(c)-6A · Valuation of charitable remainder interests for which the…
- 1.645-1 · Election by certain revocable trusts to be treated as part of…
- 1.651(a)-1 · Simple trusts; deduction for distributions; in general.
- 1.651(a)-2 · Income required to be distributed currently.
- 1.651(a)-3 · Distribution of amounts other than income.
- 1.651(a)-4 · Charitable purposes.
- 1.651(a)-5 · Estates.
- 1.651(b)-1 · Deduction for distributions to beneficiaries.
- 1.652(a)-1 · Simple trusts; inclusion of amounts in income of…
- 1.652(a)-2 · Distributions in excess of distributable net income.
- 1.652(b)-1 · Character of amounts.
- 1.652(b)-2 · Allocation of income items.
- 1.652(b)-3 · Allocation of deductions.
- 1.652(c)-1 · Different taxable years.
- 1.652(c)-2 · Death of individual beneficiaries.
- 1.652(c)-3 · Termination of existence of other beneficiaries.
- 1.652(c)-4 · Illustration of the provisions of sections 651 and 652.