[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: 26CFR1.666(c)-2A]

[Page 191-193]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.666(c)-2A  Illustration of the provisions of section 666 (a), (b), and (c).

    The application of the provisions of Sec. Sec. 1.666(a)-1A, 
1.666(b)-1A, and 1.666(c)-1A may be illustrated by the following 
examples:

    Example 1. (a) A trust created on January 1, 1974, makes 
accumulation distributions as follows:

1979..............................................................$7,000
1980..............................................................26,000


[[Page 192]]

        ................................................................

For 1974 through 1978, the undistributed portion of distributable net 
income, taxes imposed on the trust attributable to the undistributed net 
income, and undistributed net income are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Taxes imposed on
                                                                Undistributed       the trust
                             Year                                 portion of     attributable to   Undistributed
                                                                distributable   the undistributed    net income
                                                                  net income       net income
----------------------------------------------------------------------------------------------------------------
1974..........................................................     $12,100            $3,400          $8,700
1975..........................................................      16,100             5,200          10,900
1976..........................................................       6,100             1,360           4,740
1977..........................................................        None              None            None
1978..........................................................      10,100             2,640           7,460
----------------------------------------------------------------------------------------------------------------

The trust has no undistributed capital gain.
    (b) Since the entire amount of the accumulation distribution for 
1979 ($7,000) is less than the undistributed net income for 1974 
($8,700), an additional amount of $2,736 (7,000/8,700x$3,400) is deemed 
distributed under section 666(c).
    (c) In allocating the accumulation distribution for 1980, the amount 
of undistributed net income for 1974 will reflect the accumulation 
distribution for 1979. The undistributed net income for 1974 will then 
be $1,700 and the taxes imposed on the trust for 1974 will be $664, 
determined as follows:

Undistributed net income as of the close of 1974............      $8,700
Less: Accumulation distribution (1979)......................       7,000
                                                             -----------
    Balance (undistributed net income as of the close of           1,700
     1979)..................................................
                                                             ===========
Taxes imposed on the trust attributable to the undistributed         664
 net income as of the close of 1979 (1,700/8,700x$3,400)....


    (d) The accumulation distribution of $26,000 for 1980 is deemed to 
have been made on the last day of the preceding taxable years of the 
trust to the extent of $24,800, the total of the undistributed net 
income for such years, as shown in the tabulation below. In addition, 
$9,864, the total taxes imposed on the trust attributable to the 
undistributed net income for such years is also deemed to have been 
distributed on the last day of such years, as shown below:

------------------------------------------------------------------------
                                Undistributed net   Taxes imposed on the
            Year                     income                 trust
------------------------------------------------------------------------
1974........................         $1,700                  $664
1975........................         10,900                 5,200
1976........................          4,740                 1,360
1977........................           None                  None
1978........................          7,460                 2,640
1979........................           None                  None
------------------------------------------------------------------------

    Example 2. (a) Under the terms of a trust instrument, the trustee 
has discretion to accumulate or distribute the income to X and to invade 
corpus for the benefit of X. The entire income of the trust is from 
royalties. Both X and the trust report on the calendar year basis. All 
of the income for 1974 was accumulated. The distributable net income of 
the trust for the taxable year 1974 is $20,100 and the income taxes paid 
by the trust for 1974 attributable to the undistributed net income are 
$7,260. All of the income for 1975 and 1976 was distributed and in 
addition the trustee made accumulation distributions within the meaning 
of section 665(b) of $5,420 for each year.
    (b) The undistributed net income of the trust determined under 
section 665(a) as of the close of 1974, is $12,840, computed as follows:

Distributable net income....................................     $20,100
Less: Taxes imposed on the trust attributable to the               7,260
 undistributed net income...................................
                                                             -----------
    Undistributed net income as of the close of 1974........      12,840


    (c) The accumulation distribution of $5,420 made during the taxable 
year 1975 is deemed under section 666(a) to have been made on December 
31, 1974. Since this accumulation distribution is less than the 1974 
undistributed net income of $12,840, a portion of the taxes imposed on 
the trust for 1974 is also deemed under section 666(c) to have been 
distributed on December 31, 1974. The total amount deemed to have been 
distributed to X on December 31, 1974 is $8,484, computed as follows:

Accumulation distribution...................................      $5,420
Taxes deemed distributed (5,420/ 12,840x$7,260).............       3,064
                                                             -----------
    Total...................................................       8,484


    (d) After the application of the provisions of subpart D to the 
accumulation distribution of 1975, the undistributed net income of the 
trust for 1974 is $7,420, computed as follows:

Undistributed net income as of the close of 1974............     $12,840

[[Page 193]]


Less: 1975 accumulation distribution deemed distributed on         5,420
 December 31, 1974 (paragraph (c) of this example)..........
                                                             -----------
    Undistributed net income for 1974 as of the close of           7,420
     1975...................................................


    (e) The taxes imposed on the trust attributable to the undistributed 
net income for the taxable year 1974, as adjusted to give effect to the 
1975 accumulation distribution, amount to $4,196, computed as follows:

Taxes imposed on the trust attributable to undistributed net      $7,260
 income as of the close of 1974.............................
Less: Taxes deemed distributed in 1974......................       3,064
                                                             -----------
    Taxes attributable to the undistributed net income             4,196
     determined as of the close of 1975.....................


    (f) The accumulation distribution of $5,420 made during the taxable 
year 1976 is, under section 666(a), deemed a distribution to X on 
December 31, 1974, within the meaning of section 661(a)(2). Since the 
accumulation distribution is less than the 1974 adjusted undistributed 
net income of $7,420, the trust is deemed under section 666(c) also to 
have distributed on December 31, 1974, a portion of the taxes imposed on 
the trust for 1974. The total amount deemed to be distributed on 
December 31, 1974, with respect to the accumulation distribution made in 
1976, is $8,484, computed as follows:

Accumulation distribution...................................      $5,420
Taxes deemed distributed (5,420/ 7,420x$4,196)..............       3,064
                                                             -----------
    Total...................................................       8,484


    (g) After the application of the provisions of subpart D to the 
accumulation distribution of 1976, the undistributed net income of the 
trust for 1974 is $2,000, computed as follows:

Undistributed net income for 1974 as of the close of 1975...      $7,420
Less: 1976 accumulation distribution deemed distributed on         5,420
 December 31, 1974 (paragraph (f) of this example)..........
                                                             -----------
    Undistributed net income for 1974 as of the close of           2,000
     1976...................................................


    (h) The taxes imposed on the trust attributable to the undistributed 
net income of the trust for the taxable year 1974, determined as of the 
close of the taxable year 1976, amount to $1,132 ($4,196 less $3,064).

[T.D. 7204, 37 FR 17145, Aug. 25, 1972]