26-U.S.C.-682
§682 – Income of An Estate Or Trust In Case of Divorce, Etc.
Pathway
Title 26 > Subtitle A > Chapter 1 > Subchapter J > Part I > Subpart F > Section 682
Details
- Reference: Section 682
- Legend: §682 – Income of An Estate Or Trust In Case of Divorce, Etc.
- USCode Year: 2013
Provision Content
(a) Inclusion in gross income of wife
There shall be included in the gross income of a wife who is divorced or legally separated under a decree of divorce or of separate maintenance (or who is separated from her husband under a written separation agreement) the amount of the income of any trust which such wife is entitled to receive and which, except for this section, would be includible in the gross income of her husband, and such amount shall not, despite any other provision of this subtitle, be includible in the gross income of such husband. This subsection shall not apply to that part of any such income of the trust which the terms of the decree, written separation agreement, or trust instrument fix, in terms of an amount of money or a portion of such income, as a sum which is payable for the support of minor children of such husband. In case such income is less than the amount specified in the decree, agreement, or instrument, for the purpose of applying the preceding sentence, such income, to the extent of such sum payable for such support, shall be considered a payment for such support.
(b) Wife considered a beneficiary
For purposes of computing the taxable income of the estate or trust and the taxable income of a wife to whom subsection (a) applies, such wife shall be considered as the beneficiary specified in this part.
(c) Cross reference
For definitions of husband and wife, as used in this section, see section 7701(a)(17).
(Aug. 16, 1954, ch. 736, 68A Stat. 234; Pub. L. 98–369, div. A, title IV, §422(d)(2), July 18, 1984, 98 Stat. 798.)
Amendments
1984—Subsec. (b). Pub. L. 98–369 struck out or section 71 after subsection (a) and struck out provision that a periodic payment under section 71 to any portion of which this part applied shall be included in the gross income of the beneficiary in the taxable year in which under this part such portion is required to be included.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 applicable with respect to divorce or separation instruments executed after Dec. 31, 1984, or executed before Jan. 1, 1985, but modified on or after Jan. 1, 1985, with express provision for application of amendment to modification, see section 422(e)(1), (2) of Pub. L. 98–369, set out as a note under section 71 of this title.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-678 in the Legal Encyclopedia: Income Taxes
In this entry about 26-U.S.C.-678, find legal reference material, bibliographies and premiere content related to income taxes in the American Encyclopedia of Law, presenting a comprehensive view of the United States income taxes-specific issues, written by authorities in the field.
26-U.S.C.-675 in the Legal Encyclopedia: Tax Liability
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26-U.S.C.-674 in the Legal Encyclopedia: Taxation
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26-U.S.C.-676 in the Legal Encyclopedia: Liability
In this entry about 26-U.S.C.-676, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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