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Exceptions That Allow Capital Gains to Be Distributed
Reg. 1.643(a) – 3(b) has specific requirements that must be met to allocate capital gains to the beneficiaries.
Prerequisites that must be met
1) Trust agreement and local law; or
2) A reasonable and impartial exercise of discretion by the trustee
so if state law allows the distribution of capital gains in the year of termination you can
of course, there's item 2) which seems to allow the fiduciary total discretion
September 12, 2021
9:26 PM
11,283 Views