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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 661 Deduction for estates and trusts accumulating income or distributing corpus us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 661 26 U.S.C. § 661 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s661 data/legal/raw/us/code/title-26/usc26.xml e36bd572117cea841af5e7072f6afb5a47ca17c109c51bb84f55886d59f59b84 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 6fd8e9d66fcbfdac806e28b6a3db489d5b10a3694f40f5e41216593333927910 2026-07-04 official
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26 U.S.C. § 661 - Deduction for estates and trusts accumulating income or distributing corpus

Text

(a) Deduction In any taxable year there shall be allowed as a deduction in computing the taxable income of an estate or trust (other than a trust to which subpart B applies), the sum of—

(1) any amount of income for such taxable year required to be distributed currently (including any amount required to be distributed which may be paid out of income or corpus to the extent such amount is paid out of income for such taxable year); and

(2) any other amounts properly paid or credited or required to be distributed for such taxable year;

but such deduction shall not exceed the distributable net income of the estate or trust.

(b) Character of amounts distributed The amount determined under subsection (a) shall be treated as consisting of the same proportion of each class of items entering into the computation of distributable net income of the estate or trust as the total of each class bears to the total distributable net income of the estate or trust in the absence of the allocation of different classes of income under the specific terms of the governing instrument. In the application of the preceding sentence, the items of deduction entering into the computation of distributable net income (including the deduction allowed under section 642(c)) shall be allocated among the items of distributable net income in accordance with regulations prescribed by the Secretary.

(c) Limitation on deduction No deduction shall be allowed under subsection (a) in respect of any portion of the amount allowed as a deduction under that subsection (without regard to this subsection) which is treated under subsection (b) as consisting of any item of distributable net income which is not included in the gross income of the estate or trust.

(Aug. 16, 1954, ch. 736, 68A Stat. 220; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97248, title III, §§ 302(b)(2), 308(a), Sept. 3, 1982, 96 Stat. 586, 591; Pub. L. 9867, title I, § 102(a), Aug. 5, 1983, 97 Stat. 369.)

Notes

Editorial Notes

Amendments1983—Subsec. (a). Pub. L. 9867 repealed amendments made by Pub. L. 97248. See 1982 Amendment note below. 1982—Subsec. (a). Pub. L. 97248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (a) is amended by inserting at end “For purposes of paragraph (1), the amount of distributable net income shall be computed without the deduction allowed by section 642(c).”. Section 102(a), (b) of Pub. L. 9867, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301308) of title III of Pub. L. 97248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 (this title) shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted. 1976—Subsec. (b). Pub. L. 94455 struck out “or his delegate” after “Secretary”.