[Code of Federal Regulations]
[Title 26, Volume 8]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.641(b)-2]

[Page 13]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.641(b)-2  Filing of returns and payment of the tax.

    (a) The fiduciary is required to make and file the return and pay 
the tax on the taxable income of an estate or of a trust. Liability for 
the payment of the tax on the taxable income of an estate attaches to 
the person of the executor or administrator up to and after his 
discharge if, prior to distribution and discharge, he had notice of his 
tax obligations or failed to exercise due diligence in ascertaining 
whether or not such obligations existed. For the extent of such 
liability, see section 3467 of the Revised Statutes, as amended by 
section 518 of the Revenue Act of 1934 (31 U. S. C. 192). Liability for 
the tax also follows the assets of the estate distributed to heirs, 
devisees, legatees, and distributees, who may be required to discharge 
the amount of the tax due and unpaid to the extent of the distributive 
shares received by them. See section 6901. The same considerations apply 
to trusts.
    (b) The estate of an infant, incompetent, or other person under a 
disability, or, in general, of an individual or corporation in 
receivership or a corporation in bankruptcy is not a taxable entity 
separate from the person for whom the fiduciary is acting, in that 
respect differing from the estate of a deceased person or of a trust. 
See section 6012(b) (2) and (3) for provisions relating to the 
obligation of the fiduciary with respect to returns of such persons.

[T.D. 6500, 25 FR 11814, Nov. 26, 1960, as amended by T.D. 6580, 26 FR 
11486, Dec. 5, 1961]