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A Brass Ring for IRDA Brass Ring for IRD

Long-term capital gains and distributions from traditional individual retirement accounts (IRAs) exist in separate constellations of the tax universe.1 But there is at least one convergence: If a trust is named as a beneficiary of an IRA, after the IRA owner dies, beneficiaries of that trust might be able to realize long-term capital gains by selling an interest in the trust. But the sellers must

Michael J. Jones, Partner

February 1, 2006

24 Min Read
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Michael J. Jones, partner, Thompson Jones LLP, Monterey, Calif.

Long-term capital gains and distributions from traditional individual retirement accounts (IRAs) exist in separate constellations of the tax universe.1 But there is at least one convergence: If a trust is named as a beneficiary of an IRA, after the IRA owner dies, beneficiaries of that trust might be able to realize long-term capital gains by selling an interest in the trust. But the sellers must have held the trust interest for more than one year.

This should be the result even if the trust corpus consists entirely of a beneficial interest in an IRA. When the interest sold is a life estate or other term interest for life, the sale eliminates the risk of an untimely end to the...

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About the Author

Michael J. Jones

Partner, Thompson Jones LLP

Mike is a partner in Thompson Jones LLP. His tax consulting practice focuses on sophisticated wealth transfer strategy, trust and probate matters (both administration and controversy resolution), family business transitions, and taxpayer representation before the IRS. He is a noted authority on estate planning for IRA and retirement plan benefits, and chairs Trusts & Estates magazine's Retirement Benefits Committee. Mike was listed among CPA Magazine's Top 50 IRS Practitioners and Top 40 Tax Advisors to Know During a Recession.