[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: 26CFR1.662(a)-3]

[Page 108]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.662(a)-3  Other amounts distributed.

    (a) There is included in the gross income of a beneficiary under 
section 662(a)(2) any amount properly paid, credited, or required to be 
distributed to the beneficiary for the taxable year, other than (1) 
income required to be distributed currently, as determined under Sec. 
1.662(a)-2, (2) amounts excluded under section 663(a) and the 
regulations thereunder, and (3) amounts in excess of distributable net 
income (see paragraph (c) of this section). An amount which is credited 
or required to be distributed is included in the gross income of a 
beneficiary whether or not it is actually distributed.
    (b) Some of the payments to be included under paragraph (a) of this 
section are: (1) A distribution made to a beneficiary in the discretion 
of the fiduciary; (2) a distribution required by the terms of the 
governing instrument upon the happening of a specified event; (3) an 
annuity which is required to be paid in all events but which is payable 
only out of corpus; (4) a distribution of property in kind (see 
paragraph (f) of Sec. 1.661(a)-2); (5) an amount applied or distributed 
for the support of a dependent of a grantor or a trustee or cotrustee 
under the circumstances specified in section 677(b) or section 678(c) 
out of corpus or out of other than income for the taxable year; and (6) 
an amount required to be paid during the taxable year pursuant to a 
court order or decree or under local law, by a decedent's estate as an 
allowance or award for the support of the decedent's widow or other 
dependent for a limited period during the administration of the estate 
which is payable only out of corpus of the estate under the order or 
decree or local law.
    (c) If the sum of the amounts of income required to be distributed 
currently (as determined under Sec. 1.662(a)-2) and other amounts 
properly paid, credited, or required to be distributed (as determined 
under paragraph (a) of this section) exceeds distributable net income 
(as defined in section 643(a)), then such other amounts properly paid, 
credited, or required to be distributed are included in gross income of 
the beneficiary but only to the extent of the excess of such 
distributable net income over the amounts of income required to be 
distributed currently. If the other amounts are paid, credited, or 
required to be distributed to more than one beneficiary, each 
beneficiary includes in gross income his proportionate share of the 
amount includible in gross income pursuant to the preceding sentence. 
The proportionate share is an amount which bears the same ratio to 
distributable net income (reduced by amounts of income required to be 
distributed currently) as the other amounts (as determined under 
paragraphs (a) and (d) of this section) distributed to the beneficiary 
bear to the other amounts distributed to all beneficiaries. For 
treatment of excess distributions by trusts, see sections 665 to 668, 
inclusive, and the regulations thereunder.
    (d) The application of the rules stated in this section may be 
illustrated by the following example:

    Example. The terms of a trust require the distribution annually of 
$10,000 of income to A. If any income remains, it may be accumulated or 
distributed to B, C, and D in amounts in the trustee's discretion. He 
may also invade corpus for the benefit of A, B, C, or D. In the taxable 
year, the trust has $20,000 of income after the deduction of all 
expenses. Distributable net income is $20,000. The trustee distributes 
$10,000 of income to A. Of the remaining $10,000 of income, he 
distributes $3,000 each to B, C, and D, and also distributes an 
additional $5,000 to A. A includes $10,000 in income under section 
662(a)(1). The ``other amounts distributed'' amount of $14,000, 
includible in the income of the recipients to the extent of $10,000, 
distributable net income less the income currently distributable to A. A 
will include an additional $3,571 (5,000/14,000x$10,000) in income under 
this section, and B, C, and D will each include $2,143 (3,000/
14,000x$10,000).

[T.D. 6500, 25 FR 11814, Nov. 26, 1960; 25 FR 14021, Dec. 31, 1960, as 
amended by T.D. 7287, 38 FR 26913, Sept. 27, 1973]