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Old 03-17-2009, 04:41 PM
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Question k-1 required for distribution of Estate's corpus?

Deceased estate sold a piece of land in 2008 resulting in a (Long Term) Capital Gain of $360,700 and this is the only 2008 income in the estate

In 2008, the estate filed and paid estimated taxes (NYS IT-2106-MN at 6.85% and IRS 1041-ES at 15% (after NYS tax deducted)) and the estate distributed to the heirs 90% of the amount of the remaining sales proceeds.

Since the taxes have been paid in advance by the estate, the estate wants the 2008 distribution handled as from corpus and from not income. In 2009, the 10% remainder would be distributed; also as corpus.

I know that for IRS Form 1041, a K-1 is required so that the heirs know about income distributions but I find no good guidance on corpus distribution reporting.

My questions are –

1. Can the 2008 & 2009 distributions be treated as being only from corpus? If so, how is this presented in the 1041? Are there any special filings to the IRS for distributions from corpus?

2. If a corpus distribution and not an income distribution, is K-1 still required? How would a corpus distribution be shown on the K-1? Is a K-1 even required for 2008?

Thank you.



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