§6034 — Returns by certain trusts
2 cases·2 cited
Statute Text — 26 U.S.C. §6034
Every trust described in section 4947(a)(2) shall furnish such information with respect to the taxable year as the Secretary may by forms or regulations require.
Every trust not required to file a return under subsection (a) but claiming a deduction under section 642(c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary may by forms or regulations prescribe, including—
the amount of the deduction taken under section 642(c) within such year,
the amount paid out within such year which represents amounts for which deductions under section 642(c) have been taken in prior years,
the amount for which such deductions have been taken in prior years but which has not been paid out at the beginning of such year,
the amount paid out of principal in the current and prior years for the purposes described in section 642(c),
the total income of the trust within such year and the expenses attributable thereto, and
a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year.
Paragraph (1) shall not apply to a trust for any taxable year if—
all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries, or
the trust is described in section 4947(a)(1).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.6034-1 Information returns required of trusts described in section 4947(a)(2) or claiming charitable or other deductions under section 642(c)
- Treas. Reg. §Treas. Reg. §1.6034-1(a) In general.
- Treas. Reg. §Treas. Reg. §1.6034-1(b) Exceptions—(1) In general.
- Treas. Reg. §Treas. Reg. §1.6034-1(c) Time and place for filing return.
- Treas. Reg. §Treas. Reg. §1.6034-1(d) Other provisions.
- Treas. Reg. §Treas. Reg. §301.6034-1 Returns by trusts described in section 4947(a)(2) or claiming charitable or other deductions under section 642(c)
2 Citing Cases
§ 6034A(a); Treas. Reg. § 1.6034-1(a). G. Burden of Proof The Commissioner’s determinations in a notice of deficiency are generally presumed correct, and the taxpayer bears the burden of proving those determinations erroneous. See Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). The parties have stipulated that the Gerhardts rec
925 (enacting section 6034A(c)) ; SBJPA sec .