[WSBAPT] Non pro rata allocation of taxable income to beneficiaries

Eric Nelsen Eric at sayrelawoffices.com
Thu Apr 2 15:57:12 PDT 2015


Estate has four equal beneficiaries. Decedent had an IRA that paid directly to Estate, so no rollover options.

One of the beneficiaries is in a very low tax bracket, and all four beneficiaries agree that they'd like all the tax liability for the IRA allocated to that one beneficiary. (There's enough other cash in the estate to allow complete distribution of the IRA to one and make compensatory distributions to the other three of untaxed inheritance dollars.)

Is that allowed? So the Estate would do a tax return and issue K-1s, allocating all income liability to one out of the four beneficiaries, and none to the other three?

Any idea where I would look for the governing rule? IRS Code or Regs I would guess, but not sure where...

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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